HIGH COURT OF CHHATTISGARH AT BILASPUR WritI^ttiton^No.tf74^f2flWt PETITIONER : Brijlal Tandan S/o Shri Mehattar Ram Tandan Age about 56 yeara, Head Master, Govt. Primary School, Navagaon (Kaspur), Block Nagari, Distt. Dhamtari (CG). VERSUS RESPQNDENTS : l.StateofChhattisgarh,Throu^i:tiieSeeretaiyEducationand Tribal Welfare Department, DK5 Bhawan, Raipur (CG). 2. The District Education Officer, Distt. Dhamtari (CG). 3. Block Education Officer Block Nagari (CG). (WMT PETmON UNDER ARTICLE 226 OF THE CONSTmmON OF INDIA) rSB: Hon'MeMr.SatMllK.AenihotaTi.J.V Prwent : Shri8omkantVenna,AdvocatefQrthepetitiQner. Shri ^ay Dwivedi, Deputy Govt.Advoeate forthe State/respondents. ORALORDER (Passed on 01*t ofFebruary, 2008) 1. The petitioner was appointed on 26.03.1974 as Assistatit Teacher OB fixed pay ofRs. IQO/-. After conipletion ofprobation, tfie petitioner was granted regularpay scale. 2. Leamed counsel appearu^ for thepetitioner sutBnits that tiie issue involved iii the case is asto whethef, the petitioner is eutitled to fegular pay scale w.e.f. the date of mitial appointment or after eoinpleticu 6f probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribiual, Jabalpur inO.A. No. 2445/89 (Madhukant Yadu and 56 others Vs. State ofM.P. & Qthers), wfaerein it was held -fl^ . .' . .' . •. • .. ; ' • ' . ' ' tfaat the sunilarly situated teachers are entitled to regular pay scale w.e.f. the date of initial aiyointment. The matter was faken up to Hon'ble Supreme Court The appeal was dismissed by tfae Hon'ble Supreme Court upholding flie decision of Ihe Tribunal to the efifect that tiie Teachers/Assistant Teacheis are entitled to regular pay scale fram date QfinitialappointmenL ^ f"'""'"'] . n-^ ^.;:'';'1':;":.:L ^gs-s'swsg^s's"^ Sdm 4. 6. Leamed counsel appearing for the petitioner submite that this Court while eonsidering tfae same issue in Kam Kumar Sahu and othws Vs. State Govt. ofChhattisgarii and anotiier in Writ Petition(8)No. 813 of 2007 by order dated 12.02.2007, has grairted regular pay scale w.e.f. the date ofinitial appointment. Leamed counsel appearing for the parties jointlysubmit that this case is squarely eovered by the decision offhis Court in the case ofRam Kumar Sahu and others Vs. State Goyt. of Chhattisgarh and anolfaer (SU(M%). However, the state is at liberty to verify the facts of ajyointment asto whether tfae case oflhe petitioner is similar to that ofthe order dated 12.02.2007 passed by this court in W.P. (S) No. 813 of20)7 (Supra). In view oflfaat this petitioii is allowed in the same terms i.e. petitioner is entitled regular pay scale witfi effect fi-oni the date of initial appointment, subjectto verificationofthe facts. No order asto costs. Sd/- Satish K. Agnihotri Judge r"--.- .^ jy^