Mangal Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(s) No. 10041 of 2019

1. Mangal Ram S/o Late Shri Bandhan Ram, Aged about 61 Years, Headmaster (Primary) At Government Primary School, Laxmangarh, Block & P.S. - Udaipur, District- Surguja (C.G.)

2. Ramanand Ram S/o Late Shri Jagat Ram, Aged about 61 Years, Headmaster (Primary) At Government Primary School, Bule, Block & P.S. - Udaipur, District- Surguja (C.G.) ---- Petitioners

Versus

1. State of Chhattisgarh, Through - The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District - Raipur (C.G.)

2. The Director Public Instruction, Chhattisgarh Raipur, District - Raipur (C.G.)

3. District Education Officer, Ambikapur, District- Surguja (C.G.)

4. Block Education Officer, Block Udaipur, District - Surguja (C.G.) ---- Respondents For Petitioner :

Shri A.S. Rajput, Advocate For Respondent/State :

Shri Kunal Das, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/12/2019 With the consent of the parties the matter is taken up for hearing.

1. The petitioners were appointed as Assistant Teacher on fixed pay of Rs. 150/-. After completion of two years of probation period, they were granted regular pay scale of Rs. 169-300/-. Learned

counsel appearing for the petitioners submits that the issue involved in the case is as to, whether the petitioners are entitled to regular pay scale w.e.f. the date initial appointment after completion of probation period.

2. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others). Wherein it was held that the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribunal to the court that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment.

3. In view of the above stated submissions made by learned counsel for the parties, the writ petition is disposed of in the same terms i.e. the petitioners are granted liberty to make a representation, if so advised, to consider their case, if they stand on the same footings as per order dated 24/08/1992 by the Madhya Pradesh State Administrative Tribunal Jabalpur, in O.A. No. 2745 of 89 Madhukant Yadu and subsequently confirmed by order dated 03/01/1994 passed by the Hon'ble Supreme Court in Special Leave petition (Civil) No. 6892/93 and grant relief accordingly.

4. In view of the foregoing, this petition is disposed of. No order as to costs.

Sd/- Goutam Bhaduri yasmin Judge