1 HIGH COURT OF CHHAmSGARH AT BILASPUR S.B. : HON'BLE MR. SATISH K. AGNMOTRI, J. WRIT PETITION fS) No. 1445 of2007. p- PETmONER Rajan Prasad Patel, S/o Shri Baret Ram Patel. Aged about 46 years, Assistant Teacher, GovemmeBt Primary School, Jarhajel, District Korba(C.G.) RESPQNDENTS VERSUS 1. Stote of ChhatfsgaA, Through Ifae Secretaiy, Tribal Welfere & E4ucatioa Department, D.K.S Bhawan, Rmpur (C.G.) 2. The Commissioner, Tribal Welfare Department, Raipur (C.G.) 3. The Assistant Comnusrioner, Tribal Welfiu-e Department, Koifca 4. The Bloek Education OfScer, Katghora, DistrictKorba(C.G.) Present: Shri Ahswaai Shukla, Advocate for tfae petitioner. Shri Ajay Dwivedi, Panel Lawyw for the State/respondeats. ORDER w (Passed on 13ltt March 2007) 1. The petitioner was appointed on 27.12.19% as Lower Divisioa Teacher on a fixed pay scale ofRs. 300/-. Afier completion ofoae years ofprobation, he was graated regular pay scale. 2. Leamed counsel appearing for the petitioner swbmit that the issue iavolved in the case is asto whefher, the petitioner is entitled to ll regular pay scale w.e.f the date of initial appointoient or fix>m the date of completion ofprobation period. 3. The issue involved, herein was considered by the Kfedhya Pmdesh State Admimstrative Tribunal, Jabalpw in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. Stote of M.P. & others), wherein it was held that the similariy situated teaehers are entitled to regular pay scale w.e.f. the date of initial appointment Tfae matter was taken-up to the Hon'ble Supreme Court in Special Leave Petition (Civil) No, 6892/93. The said petition was dismissedby the Hon'ble Supreme Court upholding the decision ofthe Tribuaal to the effect that Ifae Teachers/Assistent Teachers are aititled to regutar payscale jfrom date ofinitial appointment. 4. Leamed counsel appearing for the petitioner further SBbmite Ifaat tiiis Court, while considering tfae same isssue in Susbil Tiwari & others Vs. State Govt. of Chhattisgarh & otiiers (W.P. (S) No. 5976 of 2006) by order dated 7-11-2006, bas granted regular pay seale w.e.f. the dste ofinitial appointment. 5. Learaed counsel appearing for the parties jointly submit ftat Ifais case is squarely covered by the decision ofthis Court in the ease of Sushil Tiwari & othCTS Vs. State Govt. of Chhattisgaito & others (Supra). 6. ]n view ofthat, this petition is allowed in the same tenns. No order as to costs. Anrit Sd/- Satish K. Agnihotri Judge F