is;ftrW5 H16H COURT OF CHHATTISOARH: BILASPUR Writ Petition (Sl No.3043 <rf 2008 Petjtloners »* Respondents 1) Sukhnandan Singh Kariyam, S/o. Shri Buddhu Singh, agedabout 56 yeare, Uppsr Division Teaoher, Tribal Weifare Department Higher Secondary Sehooi Pasan, Block Podi-Uproda, Distrioi Korba (C.G). 2) Madan Lal Verma, S/o. Shri Mllau Ram Verma, aged aiobut 52 years, Upper Division Teacher Tribal VVeifare Department Mlddie Schoo!, Laingi, Blook Podi Uproda, District Korba (CG). Vereys 1) State af Chhattisgarh through Secretaiy, Eduoation Department, D.K.S. Bhawan, Raipur (CG). 2) The Commissioner, Tribal & Weifare Department, Raipur(CG). 3) Assistant Ccynmissioner, Tribal & Walfare Department, Korba (CG). 4) Block Education Officer, Podi-Uproda, Distriot Korba (CG). (Writ Petition under Articte 226/227 of the Constitution <rf India.) SB: Hon'bte Mr. Satish K. Agnihotri, J. Presenfc Shri D. Mlshra, counsel for the petitionere. Shri ASok Bakshi, Qovt. AdvocaSe for the State. ORAL ORDER (Passedon 2CiBldayoTJune,2008) With consent of iearned counsel appearirg for the parties, the matter is heard finally. 2) Learned counsel appearing for the petitloners submits that the petltioners were appointed as tesistant Teachers on 3-9-1979 on a fixed pay scale of Rs.150/- for a period of two years. After completion of tiwo years probatton, the petltionere were granted regular pay scate. He further submits that the issue invoh/ed in the case is asto whether the petitioners are entitled to regular pay scale 2- with effect from the date of initial appointment or after completion of probation period. 3) The issue invoived herein was considered by the ft^adhya Pradesh State Admhlstrative 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 slmilariy situated teachere are sntitted to regular pay scale w.e.f. the date of initial appointment. The •^ matter was taken up to the Hon'bte Supreme Court. The appeal was dismissed by the Hon'bte Supreme Court, upholding the decision of the Tribunal to the eifeot that the Teachere/Assistant Teachers are entitled to regular pay scale from date of initiai appoirtment. 4) In view of the afaove stated submissions made by learned counsel for the parties, the writ petition is disposed of in the same terms i.e., the petitioners are granted liberty to make a representaticn, if so advised, to consider the petitionefs' case, if they stand on the same fbotings as per order datsd 24-8-1992 by the Macihya Pradesh State Administrative Tribunal, Jatelpur, in O.A.No. 2745 of 89 (Madhukant Yadu (supra) and subsequentiy confirmed by order dated 3-1-1984 passed by the Hon'ble Supreme Court in Speciat Leave Petition (Civil) No. 6892/93 and grant relief accordirgly. 5) invlewofforegoing,thepetitionisciisposedof. No oreter as to cests. i^tju SdJ- Satish K. Agnihotri Judge