i HIGH COURT OF CHHAT’I‘ISGARH AT BILASPUR WRIT PETITION (S3 N0. 263 01‘2{)08 PETITIONER Heeralal Dmsen& S/o Shri Sarnram Damena, aged ahout 47 years, Upper Division Teacher, Governmem Higher Secondary, Sondka, Block —~ Kharsia, Distric - Raigarh (C.G.) VERSUS : 1. State of Chhattisgarh Through Secretary, School Education Depamnent, D.K.S. Bhaw‘an, Raipur (C3,) RESPONDENTS The Director, Pubiic Examination Department, Raipur, (C.G.) 3. Assisiam Commissioner, Tribal re Department, District — Raigarh (0G,) 4. Block Education 0&1cer, Kharsia, District: Rajgarh (C.G.) y) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Han’bie Sim Satisn K. Agnihotri, J. Present: Shri Anjl Mourya: Advocate for the petitioner; Mise Sunita .iain, Panel Lawyer for the State/respondents. ORAL ORDER (i’assed onW 14 day of Jammy, 2008) 1. The petitioner was appoirned on 11.08.1980 on probation for a period of two years as Assistam Teacher on a fixed pay of Rs. 150/-. After completion ofhis mobatiom he was granted regular pay scale. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitled to regular pay scale with effect horn the date of initial appointment or alter completion ofprobation period. 3. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, ,Jabalpur in O.A. No. 2745/89 (Madhulcant Yadu ‘and 56 others Vs. State of M.P. & Others), wherein it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to t & VWelfa the Hon’ble Supréme Court. The appeal was éiismissed by the Hon’ble Supreme Court upholding the decision of the Tribunai to the eii‘ect that the Teaéhers/Assistant Teachers are entitled to regular pay scale from the date ofinitial appointment. Learned counsel appearing for the petitioner funher submits that this Court, while considering the same issue in Ram Kumar Sahu & Others Vs. State Govt. of Chhattisgarh & another, W.P.(S) No. 813 of2007, by order dated 12.02.2007, has granted regular pay scale with effect from the date ofinitial appointment. Learned counsel appearing for the parties jointly submit that the case is squarely covered by the decision of this Court in the case of Ram Kumar Sahu & Others Vs. State Govt. of Chhattisgarh & another (supra). In View ofthat, this petition is aliowed in the same terms, subject to verification ofthe facts. No order asto costs. Sd/- it l l Satish K. Agnihotri ‘1 Judge