^'-.<£j~ ^5Z/J> HK3NCOURTOFCHHATTISGARH. BIU 1»UR W.P. (S»PR No.2S of2007 PETITIONER Jagdteh Ram 6ahu, aged 53 yeais, son of Parshuram Sahu, Assistant Teacher, Middte School, Bhanwarmara, Tahsil & Disbict Rajnandgaon. Versus RESPONDENTS State Govemment of Chhatttegarti, Through the Seeretaiy, School EducaUon Department, DKS Bhawan, Raipur(CG) The District EdiKK*'on Officer, Rajnandgaon(CG) WBTr PETITION UNDER AmiCLE 228 OF THE GONSTrTUTION QFINDIA Appearance: Shri Ajay Shrivastava, counset for the petitioner. Shri Ajay Dwh/edi, Panel Lawyer fbr the State/respondents. ORAL ORDER (20.09.2007) SUmL KUMAR SINHA, J. This matter is listed in drfautfc Learned counsel for the peUtioner submttsthat an amendment application (IAhto.1) has been flled for removlng default No.2 and te ctefault No.1, aseparate synopsis has already beenfilectalQngi^than application for taking document on record. In view of th®above, the matter is bete^ heard fiis^ OR I.A.No.01 & \A.NoJSL I.A.No.OI&I.A.No.OSL Heard. I.A.No.01 has been fited for amendmeirt in the writ p^JUon pertainingtothedefault,raisedbytheoffice. The same isallowed. Let necessary amendment be incorporatsd. This interim application stands di^xaedaF. A The second I.A. is for tatdn^thifc^rx^sis on record. It is also pertainli®toth®default(aisedbythe cffice. Thesame is afso allowed. The s^iopsis is teken on record. Now the defaults ?re removed. Office is directed to register it as a regular writ petition. w.r. (synttto. asw afaooT Heard onmerits. Leamed counsel forthe petffioner submite thal Vw, tesue invoh/ed in the case is as to whether ttie p^onw issnfltled to r^ular pay scalew.e.f. the date of Initial appointment or from tha d^e of completionof probafion period. He submits that the issue bivcrfved herein was considered by the Madhya Pradesh StatQ Adminisbrtwe Tribunal, Jabalpur in O.A.No.27' /M{MadhukantYaduand58othere Vs. State of M.P. & others), wherein, it was hstd that ttie sinitorly situated teachers are entlUed to regutar pay scale w.e.f. the date of initial appointment. The matter was taken up to tha 1-ton'bleSupreme Court in Special Leave Pefition (Ch/il) No. 6892/93. The sad peffion was dismissed by the Hon'ble Supreme Cawt upholclm^'Bi®dadaiMt of ttie Tribunal to the effectthat the Teachere/ AsaistantTaactieKarB entittedto regular pay scate frona the date efinitid appointeiaBt. Leamed counsel for the peflfioner ftalfaer submlla that this Court.while considering ttiesamafesue in Ran»fetma^Sahu & othws Vs-State Govt. of ChhatUsgarh & another (W.P.(S)No.813of2(»7} by order dated 12.2^007, has granted regutor pay scatew.e.f. the date of initial appointment. Leamed counsel tor the parties jointly subinlt that tbis (aae is sciuarety covered by ttie decision of ttis Court in the case of Ram Kumar Sahu and anothar (Supra). In view of fcat, tMs petition is allowed.in the same terms. No order as to costs. The pefltten standsfinaBydisposed of. GerUfied copy of ttiis order shall be dalhwred only after the amendment is incorporated by the counsel for the petitkwier. Sd/- Sssnil Kumar Sinha Judge sunita