(I: t IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR r W. P. (S) No. PETITIONERS w. :l. HM“) OF 2010. ' Damaru Lal Verma, S/o. late Shri Mohan Lal Verma, aged about 51 years, Head Master; Govt. Primary School Kotpara, Nagari, Block Nagari, District Dhamtari (C. G.) Nand Lal Thakur, S/o. Girdhari Lal Thakur, aged about 57 years, Head Master, Govt. Middle School > Farasgaon, Block Nagari, District Dhamta‘ri (C. G.) Virendra Kumar Sahu, S/o. J. L. Sahu, aged about 50 years, Head Master, Govt. Middle School Umargaon, Block Nagari, District Dhamtari (C. G.) Jagat Ram Nag, S/o. Tijau Ram Nag, aged about 53 years, Head Master, Govt. Middle School Sirsida, Block Nagari, District Dhamtari (C. G.) Amar Nath Yadu, S/o. Ram Singh Yadu, aged about 50 years, Assistant Teacher, Primary School Sahanikhar, Block Nagari, District Dhamtari (C. G.) Mohan Lal Kashyap, S/o. Manrakhan Lal Kashyap, aged about 51 years, Upper Division Teacher, Middle School Birgudi, @ Block Nagari, District Dhamtari (C. G.) 7. Duresh Nandan Sharma, S/o. late Shri Kamta Prasad Sharma, aged about 51 years, Assistant Teacher, Govt. Boys Primary School Sihawa, Block Nagari, District DhamtariV (C. G.) 8. Ram Kumar Shriwas, S/o. Ramji Shriwas, aged about 50 years, Upper Division Teacher, Govt. Higher School Sihawa, Block Nagari, District Dhamtari (C. G.) Mohan Lal Gayakwad, S/o. Shri Latel Ram Gayakwad, aged about 57 years, Head Master, Govt. Middle School Dugali, Block Nagari, District Dhamtari (C. G.) VERSUS RESPONDENTS :l. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2‘. Assistant Commissioner, Tribal Welfare Department, Dhamtari, District Dhamtari (C. G-) 3. Treasury Officer, Treasury Account and Pension, Dhamtari, District Dhan'itari (C. G.) ' @z; Block Education Officer, Nagari, District Dhamtari (C.G.) 4. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 1343 of2010 r3 V PETITIONER : Damaru Lal Verma & Othcrs. VERSUS RESPONDENTS : State of Chhattisgarh & anothsr. WRI'I‘ PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Praant: Shri Somkant Verma, Advocata for the petitioners. Shri A.V.Shridhar, Panel Lawyer for the State/respondents. ORAL ORDER. (Passed on 30‘“ day of March, 2010) With the consent of learned counsel appearing for the parties, the petition is heard finally. Learned counsel appearing for the petitioner submits that the petitioners were appointed initially as Assistant Teacher on a fixed pay on probation. After completion of their respective probation period, the petitioners were granted regular pay scale. Learned counsel further submits that the issue involved in the case is asto whether the petitioners are entitled to regular pay scale with eifect from the date of initial appointment or alter completion of probation period. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur (for short “the 514T”) in O.ANO.2745/89 (Madhukant Yad'u and 56 others vs. State ofMP. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale w.e.f the date of initial appointment. The matter was taken up to the Supreme Court. The appeal was dismissed by the Supreme Court, upholding the decision of the Tribunal to the eifect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. 3. In view of the above submissions made by leamed counsel for the parties, the writ petition is disposed of in the same terms i.e., the petitioners are granted liberty to make a representation to the respondent authorities, if so advised, to consider their cases and pass appropriate order, on its own merit and in its perspective, in the light of the order passed by the SAT in Madhukant Yadu (supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 by order dated 3-1-1994 r ”A, Amit ? i