%^" ^ov^-: HIOH COURT OF CHHATTISGARH. BILASPUR PETITSQNER Vtf.P.(S)No. 1498 of 2008 Nirmal Prasad Patel, S/o Shri Banmail Prasad Patei, Age about 45 years, Assistant Teacher, Govt. Primary Schooi, Turuwama, Block Pathalgaon, District Jashpur (C.G.) Versus RESPONDENTS 4 State Govt. of Chhattisgarh, Through Secretary, Education & Tribal Department, D.K.S. Bhavan, Raipur (C.G.) Assistant Commissioner, Tribai Weifare Department, District Jashpur (C.G.) Block Educatlon Officer, Biock Patthafgaon (C.G.) Treasupy', Account & Penslon, District Jashpur (C.G.) WRILPETaTIONiJNDiR ARTiCLE 226 OF THI CONSTSTUTSON OF IND3A Appearance: Shrl SomS-onth Verma, Counsel for the petitioner. Shri Alok Bakshi, Govemment Advocate State/respondents on advance copy. for the gRALORDER (07.Q3.2008) SUMIL KO'MAK SIN-HA. J. Heard. Learned counse! for the petitioner submits that the issue invoived in the case is as to whether the petitioner is entitled to reguiar pay scale w.e.f. the date of initiai appointment or from the date of completion of probation period. He submits that the issue involved herein was considered by the Madhya Pradesh State W.P. fS) No. 1498/2008 sl?yna Administratlve 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 simiiarly sstuated teachers are entitSed to regular pay scaie w.e.f. the date of initiai appointment. The matter was taken up to the Hon'bie Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon!bie Supreme Court uphofding the declsion of the Tribunal to the effect that the Teachers/ Assistant Teachers are entitied to reguiar pay scaie from the date ot' Inltiai appointment. Learned counsel for the petitioner further submits that this Court, whiie considering the same issue in Ram Kumar Sahu & others Vs. State Govt. of Chhattisgarh & another (W.P.(S) No. 813 of 2007) by order dated 12.2.2007, has granted regular pay scaie w.e.f. the date of initial appointment. Learned counsel for the parties jointly submst that thls case is squarely covered by the decision of this Court in the case of Ram Kumar Sahu and another (Supra). In view of that, this petition is allowed in the same terms. However, this order shail be subject to all verifications made by the State regarding facts pleaded in the petition. Sd/- SunilKumarSinha Judge