,a§ HIGH COURT OF CHHATTISGAR}! AT BILASPUR ‘Writ Petition (3‘: No. 2895 of20% ?ETITIONERS 1. Santosh Kama? Fatal, SIG Shy: Chaitram Patel, aged about 52 years. Upper Divisioa Teacher“ government Primary School Phaa'swaui, Black Safangarh, District Raigarh (CG). 2. Narsingh Prasad Patel, S./o Shri Pannanand Fatsl, aged bout 51 years. Assistant Teacher, Government ‘ Pn'mary School Khudubhatha, Bloek Sarangarh, District Raigarh (CG). . Rudra Pratap Patel, S/o Slm' Kshiti Bhushan Patel, aged about 48 years. Assistant Teacher, Government Higher Secondary School, Bonda, Block Sarangarh, Distt. Raigarh (CG). VERSUS BESPONDENE§ i l. State of Chhattisgarh, through Secretary, Education Department. DKS Bhawan. Raipur (CG). The Assistant Commissioner. Tribal & Welfare Department, Raigarh (CG). 4. Block Education Officer, Sarangarh, District Raigarh (co). (WRIT PETITION UNDER ARTICLE 226027 OF THE CONS] H UTION OF INDIA) (SB: Hon'ble Mr. Satish K. Agnihotri, J.) Present : I)x {}A District Education Officer, Raigarh (CG). Shri Anil Mourya, Advocate for the petitioners. Ms. Sunita Jain, Panel Lawyer for the Statelrespondents. ORAL ORDER (Passed on 18m day of June, 2008) With the consent of the parties, the matter is taken up for hearing finally. 1. The petitioners were appointed as , ssistant Teachers on fixed pay of Rs. l50/—. After completion oftwo years of probation period, they were granted regular pay scale. Learned counsel appearing for the petitioners submits that the issue involved in the case is asto whether, the petitioners are entitled to regular pay scale wef. the date initial appointment or after completion of probation period. . . The issue involved, herein was cansidered by the Madhya Pradesh State Administrative Tribunal, Jabaipm‘ in 0A. No. 274-5/‘E9 (Madhukant Yadu and 56 others Vs. State 0f MP. &, others), whsrein it was held that the similarly situated taachersv are entitled t0 regular pay scale wef. the date ef initial appointment. The matter was taken up to Hon‘ble Supreme Court in Speeial 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 effect that the Teachers/Assistant Teachers are entitled to regular pay scale h‘om date of initial appointment. 9‘. In view of the above stated submissions made by learned counsel for the parties, the writ petition is dis osed of in the same terms i.e. the petitioners are granted liberty to make a representation, if so advised, to consider their ease, ifthey stand on the same footings as per order dated 24.08.1992 by the Madhya Pradesh State Administrative Tribunal, Jabaipur, in 0A. No. 2745 or s9 Madhukant Yadu (supra) and subsequently confirmed by orderdated 03.01.1994 passed by the Hon’ble Supreme Court in Special Leave Petition (Civil) No. 6892/93 - and grant relief accordingly. A In view of the foregoing, this petition is disposed of. No order asto costs. .Satish K. Agnihotri :Judge Sd/—