I^A yy dP HICTICOURTOPCHHATnSGARH.BILASPUR W.P. (S) No. 6493 of 2007 PETITIONER 3 Smt. Monika Kelkai' W/o Shri P.M. Kelkar, aged 51 yrs, UDT : J.N. Pandey Govt. Higher Secondary School: Raipur, Distt - Raipur CG Versus THE STATE OF CHHATTISGARH Throuah : The Secretary to the Govt. of Chliattisgarh, School Education Departinent, Mantralaya : Raipur CG The District Educatiou Officer : Raipur CG The Prmcipal J.N. Pandey H^her Secondary School: Raipur, Distt- Raipur CG WRIT PETITIQN UNDBR ARTICLB 226 OF THB^ONSTITUTION OF INDIA Appearance: Shri Anurag Dayal Shrivastava, coiunsel for the petitioner. Shri Suruit Verma, Paael Lawyer for the State on advaace copy. {02.11.2007) SUNIL KUMAR SINHA, J Heard. Leamed couiisel for the petitioner subinits fhat the issue iavolved ia the case is as to whether the petitioner is entitled to regular pay scale w.e.f. the date ofinitial appoiiitment or froiu the date of coinpletion of probation period. He subnuts fhat the issue iavolved hereia was considered by fhe Madhya Pradesh State Adiniaistrative Tribunal, Jabalpur ia O.A. No.2745/89 (Madhukant Yadu aud 56 others Vs. State of M.P. and ofhers), wherein, it was held that the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. Tbe inatter was taken up to fhe Hon'ble Suprenie Court in Special Leave Petition (Civfl) No.6892/93. The said petition was disnussed by fhe Hon'ble Supreine Court upholduig ftie decision of the Tribunal to the effect that fhe Teachers/Assistant Teachers are entifled to regular pay scale froiu the date of iaitial appoiatiQent. @^,I:^g^gg^s^gS^^^@^^iw®''-!'is.':s;.;-'' W.P.(S)No. 6493/2007 Leamed counsel for fhe petitioner further siibmits that fhis Coitrt, wlule considering the same issue in Ram Kumar Sahu and ofhers Vs. State Govt. of Chliattisgarh aad another (W.P.(S) No.813 ol 2007) by order dated 12.2.2007, has graated regular pay scale w.e.f. the date ofitiitial appointment. Learued counsel for the parties jointiy submits that fhis case is squarely covered by the decision of fhis Court in fhe case of Ram Kuuiar Sahu aad another (supra). In view ofthat, tbis petition is allowed ia fhe same terms. However, this order shatl be subject to aB verifications niade by the State regardiag facts pleaded ia fhe petition. SdJ- SunUKU^Sinha 3U"" jyd9® vatti )