HIGH COURT OF CEH-IATTISGARH AT BILASPUR Writ Petition (S) N0. W69 of20% PETITIQNERS 1. Puni Ram Kaiwart S/o Haralal Kaiwan aged about 48 years Assistant Teacher Govt. Middle Sch00] Taroud, Block Akaltara, District Janjgir Champa (CG). 2. Anil Kumar Nirmalkar S/o Lakhan Ram Nimakar Aoed about 50 years Assistant Teacher, Govt. Middle School Amara, Block Akaltara, District Janjgir Champa (CG). Shrawan Kumar Soni S/o Shiv Prasad Soni aged about 51 years, Assistant Teacher Govt. Higher Sec. School Kiran', Block Akaltara, District Janjgir Champa (CG). 4. Haffij Mohammad Quraishi S/o Ramjan Mohammad Qumishi aged about 49 years, Assistant Teacher Boys Primaiy Sehool, Taroud Block Akaltara, District Janjgir Champa (CG). ‘ ‘ K f 1‘. VERSUS State of Chhattisgarh, through The Secretary, School Education Department, DKS Bhawan, Raipur, District Raipur (CG). 2. The Director Public Instruction Department Raipur, istrict Raipur (CG). 3. District. Education Officer Bilaspur, District Janjgir Champa (CG). 4. Block Education Officer, Akaham, District, District Janjgir Champa (CG). (WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) (SB: Hon'ble Mr. Satisl] K. Agnihotri. J.) Present : Shri Sanjay Patel, Advocate for the petitioners. Shri U.N.S. Dec, Govt. Advocate for the State/respondents. U) 5.. RESPONDENTS ORAL ORDER (Passed on 20m of February, 2008) The petitioners were initially appointed as Assistant Teachers on fixed pay of Rs. 150/-. Alter completion of probation. the petitioners were granted regular pay scale. 2. Similarly situated employees had approached the Madhya Pradesh State Administrative Tribunal, Jabalpur. The Tribunal passed the order on 24.081992 in 0A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of MP. & Others.) 3. It was thither held that the said benefit would be given to all the teachers and they should not be compelled to approach the Tribunal for similar benefit individually or collectively. D 2 Being aggrieved, the than State of Madhya Pradesh had filed the Special Leave Petitian (Civil) No. 6892/93 impugiing the order dated 24081992 pagsed by the Madhya Pradesh Administrative Tribunal, Jabalpur iii (1A N0. 2745/89. The Hon‘ble Supreme Court after hearing counsel for the parties, dismissed the Special Leave Petition and having regard to the large financial implications, granted, one year's time to settle the claim for the arrears without interest vide order dated 03.01.1994. It was further observed that the intervention would work out their rights in accordance with law. This order dated 24.08.1992 passed by the Tribunal hi GA. No. 2745/1989 is applicable to the petitioners being similarly situated and they are acoordingly entitled to the same benefit. Learned counsel appearing for the petitioners submits that this Court while considering the same issue iii Ram Khmer Sahu and others Vs. State Govt. of Chhattisgarh and another in Writ Petition (S) No. 813 of 2007 by order dated 12.02.2007, has granted regular pay scale w.e.f. the date of initial appointment. Learned counsel appearing for the parties jointly submit that this case is squarely covered by the decision of this Court in the case of Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and another (Supra). However, the state is at liberty to verify the facts of appointment asto whether the case of the petitioners are similar to that of the order dated 12.02.2007 passed by this court in WP. (S) No. 813 of 2007 (Supra). In View of that this petition is allowed in the same terms i.e. petitioners are entitled to the same relief as was granted by the Madhya Pradesh State Administrative Tribunal, Jabalpnr in OA No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others) and subsequently confirmed by order dated 03.01.94 passed by the Hon‘ble Supreme Court in Special Leave l’etition (Civil) No. 6892/93. The petitioners shall be governed by the orders passed by the Tribunal as well as by the‘ Hon'ble Supreme Court (supra) accordingly. No order asto costs. Sdl- Satish K. Agnihotr 'JI Sahu ti udge u i