Determines if Assistant Teachers are entitled to regular pay scale from initial appointment date rather than after probation. Court allowed petition aligning with Sushil Tiwari judgment.
Petition allowed; petitioners granted regular pay scale w.e.f. the date of initial appointment in terms of Sushil Tiwari judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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1 N TH E HIGH OOURI' OF Cl-1 HATTISGARH AT
BILASPUFt
WRITPETltlON(S)NO.^/'2-/20Q^ ^
PETITiQNERS
S/o Shri Kartik Ram Sahu Age abo ut 42 years, Assistant Teacher, Govt.Prin'tarySchoo|,Kyrmandi, Djst{.-Korba(C.G.) ^^y. i^i2. Smt.RewatiSingh JS^"'^^y. W/oShriUdaySingh ^s5^'"':"' ..•••••" • Ageabout47years,Assistant'TfeaGher, ^ Govt. Primary Sohool, Purani Basti, Distt.-Korba (0.0.) ••^^/}^ y<y).*ci' 3. Smt.ShalihiThakur ^ ^ VV/oShriD.S.Thakur Ageab6ut46years,AssiStantTeacher, Govt. PrimarySchool, Purani Basti, Distt.-Korba(C.G.)
JS^"'^^y. ^s5^'"':"'
^4,MGylshanKumy,, lCi'lt'i.) V "'"'"'"" ^C&^ ftq^-y.. ft' fc^ W/6 Shri Sure^h Kumar"
WSs :'ib4 ^N'A ii'a ?0 1 *11 7J s^'^ l^iTi^
Ageabout41 years,Assistant'Teache^ Govt. Primary School,
Mudapar,Distt.-Korba(e;G.)
VERSUS
RESPQNDENTS /1. StateGOver'nmenttifChhattisgarH Through:- Seeretar^ Tribal&EducationDepartment, D.K.S. Bhawan, Raipyr (C. G.) 2. AssistantCommissioner ? 'TribalWelfare !3eF)artment,Korba(C.©:); 3. DistriGt Edueation Officer / ., .•^.KorBa<C.G.):;-. ;"'1--•::,/:^'''^
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y4. BlockEducationOfficer Kort)a, Distt. - Korba (C.G.)
WRITPETITION UNDERARTICI-EZ^OFTHE CONSTITUTION OF INDIA
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Petitioners most humblysubmitasunder:-
&
HI6H COURTOF CHHATTIS6ARH AT BILASPUR
W. P.rSYNo. 81Zof2007
Petitioners Radheshyam Sahu ond others
Versus Resoondents State Soyernment of Chhattisgarh ond others
-4
Present;
SB: Hon'ble Mr. JusticeSatish K. Agnihotri, J
Mr. Ajay Shrivostava, Adyocate for the petitioners.
Ms. Deepali Pondey, Panel Lawyer for State/respondents.
OR DER
(Passed on this 12th Daiy of February, 2007)
1983 and 9-1-1986, respectiyely as Assistarlt Teachers on fixed pay scale of Rs. 300/-. After completion of their probation, they were
gnmted reaular pay scale w.e.f. 15-1-1988. 8-7-1985,4-7-1085 and
20-1-1987, respectively.
(Madhukant Yadu and 56 others Vs. State of M.P. & others),
wherein it wos held that the similarly situated teachers are
scale ws.f. the dated of initial appointinent. The matter wos taken-
up to the 1-fon'bleSupreme Court. The appeal was dismissed, having regard to the; decision of •the Tribunal to the effect that the
Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment.
others Vs. State 6ovt. of Chhattisgarh Aothers (W.P. (5) No. 5976
of 2006) byorder dated 7-11-2006, has granted regular pay scale
Sushil Tiwari & others Vs. State 6ovt. of Chhattisgarh & others
(Supra).
as to costs.
Sd/-
Satish K. Agnihotri
Judge
2 issues framed by the court
Whether petitioners appointed as Assistant Teachers are entitled to regular pay scale w.e.f. the date of initial appointment or only after completion of probation period.
Whether the petitioners are covered by the decision of this Court in Sushil Tiwari & others Vs. State Govt. of Chhattisgarh.
Colour shows how this judgement treated each authority
Madhukant Yadu and 56 others Vs. State of M.P. & othersReferred¶38
O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others)
Sushil Tiwari & others Vs. State Govt. of ChhattisgarhApplied¶45
Sushil Tiwari & others Vs. State Govt. of Chhattisgarh (W.P. (5) No. 5976 of 2006)
Radheshyam Sahu and others
State Government of Chhattisgarh
Satish K. Agnihotri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
