i-‘iiGI-‘i CUIJRT $F €.Hi-IATT§$€§ARH, BILASPUR W. P. (£9 ?ETI'TIONERS 1 . RESPQNDEWES 3. Appearance: for the petitioners. Shri Alvinc‘i Stats} respoadsnts on Dubsy, advance cepy, QRAL GRDER (23. 1 1200?} SUFJIL KUWIAR $INEA, J Eaard, ‘8) No. 7005/2007 Kalavsr Kairketta, Asstt. Teachar, s/o Shri Joseph, agsd about 42 ycars, Txibal Welfarc, Pn'meuy School, Jokan’ (Nalxhesaa‘), Distt. Jashpur (C. G) Palm Ram, Asstt. T€acher, s/o Shri Sawan Ram, ageci about 42 years, Tlibal Wdfara Primaly School, Khumaguda (Bachchngan), DiStt. Jashpur (C. G). Madau Ram, Asstt. Teacher, s/o Shri Kanda Ram, ageé about 4O yearS, Tribal Welfarts, Primaly Schooi, (Bhadoo) Paikona, Distt. Jashpur {CG} Shivchafan Ram, Asstt. Teacha‘, s/o Sim Sughan Nageshiya, agEd about 42 years, Asstt. Teacher, Tribai Weifare, Piimary Schoo1, Karamghat (Sulesa), Distt. Jashpur (CL.G}. Dubmj Ram Yadav, Asstt.Teacher, s/o Shri Duryodhan Ram Yaciav, aged aboui 4G years, Tribal Weifare, Primaly School, Danderahi, Distt. Jashpur (0G). ' Versus State o Chhat’risgarh, mrough Secretary, Tribal 8a Education Department, D . K. S Bhawan, Raipur (CG) Ass‘tt. Commissioner, Tril Weifare Departxnent, Jaehpur Treasmy, Accounts i’xs Pension, Jashpur (C. G) Shri Ajay $h1‘ivastava with Shri Akshay Yadav, Comlse} Panel Lawyer for the WRIT PEI’HON $N§ER xkRTECLE 226 OF Ti-IE CDESTITUTIGN QF ENDU: f ba .P(s) No.7005i200 W 7 ‘ warned counsel for the. pttiti‘oners submiis that the issus involvecl 1‘11 the case is as to whether the petitioners am entitled t0 reguku‘ pay Scaie with affect from tht: date 0f mitial appointment or from the date of com’pXetion of probation pen‘od. He Submits that the iseue involved harem was considered by the Madhya Pradesh State Administiative Tn‘bunal, Jabalpur m O.A.No.2745f89 (Madhukant Yadu and 56 others —Vs- State of MP. &. others), wherein, it was held that similarly situated teachers are entitled to regular pay scale wet. the date of initial appoinunent. The matter was brought to Hon’ble Su’preme Court in Special Leave Petition (Civil) No.6892/93. The said petitioo was dismissed by Hon’ble the Supreme Court upholdmg the decision of the Tribunal to the eifect that the ’ TeachersjAssistant Teachers are entitled to regular pay scale from the (late ofinitial appointment. Learned couiisei for the petitioners further submits that his Court, While considermg the same in Ram Kumar Saint & others Vs. State Govt. of Chhattisgarh &, another (W.P(S) No.813j2007) by order dated 12.2.2007, has granted regular pay scale wef. the date ofinitiai appointment. Learned cotmsei for the parties jointly submit that this case is squarely covered by the decision of this Court 1‘11 case of Ram Kumar Sahu and another (supra) \ In View of that, this petition is allowed in the same terms. However, this order shall be subject to all verifications made by the State regarding facts pleaded in the petition. ‘k Sd/— Sunil Kumar Sinha Judge t t