HtGH COURT OF CHHATTISGARH. BILASPUR PETiTIONERS RESPONDENTS ^- Writ Petition (Si No. 7282 of 2007 1. Chhoturam Sahu, S/o Shri Phuduram Sahu, aged about 51 ysars, Upper Division Teacher, Govemment Middie School, Aurda, Block Kharsia, District Raigarh (C.G.) 2. Sukh Lal Patel, S/o Chandrapal Patel, aged about 50 years, Upper Division Teacher, Govemment Middle School (Kanya Ashram), Laxmipur, Btock Dharamjaigarh, District Raigarii (C.G.) 3. Ashok Kumar Kshatriya, S/o Mohtap Singh Kshatriya, aged about 52 years, Upper Division Teacher, Government Middle School Gorpar, District Raigarh (C.G.) 4. Mehattar Ram Sidar, S/o Rongasha Sidar, aged about 52 years , Upper Division Teacher, Government Middle School, Khadgaon Block - Raigarh, District Raigarh (C.G.) 5. Samundar Lal Sidar, S/o Bhakulal Sidar, aged about 51 years, Assistant Teacher, Govemment Primary School, Jharadih, Btock - Kharsia, Distriet Raigarh (C.G.) S. Lochan Prasad Nayak, S!o Shri Udho Ram Nayak, aged about 56 years, Assistant Teacher, Govemment High School, Pendarwan, Block - Dabhara, District Janjgir-Champa (C.G.) Versus 1 State of Chhattisgarh, Through Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) 2 The Director, Public InstrucUon Department, Raipur (C.G.) 3. Assistant Commissioner, Tribal & Weffare Department, Raigarh (C.G.) 4. Block Education OfRcer, Kharsia, District Raigarh (C.G.) 5. Block Education OfRcer, Dabhara, District Janjgir - Champa (C.G.) 6. Block Education Officer, Dharamjaigarh, District Raigarh (C.G.) gi.iu.L.ia.f: W.P.(S)No.7282/2007 WRIT PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF Appearance: Shri Anil Mourya, Counsel for the petitioners. Shri Ajay Dwivedi, Panel Lawyer for the State on advance copy. ORAL ORDER (10.12.2007) SUNILKUMARSINHA.J Heard. Leamed counsel for the petitioners submits ttiat the issue invotved in the case is as to whether the petitioners are entitled to regular pay scale w.e.f. the date of iniUal appointment or from Uie date (rf completkm of probation period. He submits that the issue invoh/ed herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No.2745/89 (Madhukant Yadu and 56 ottiers Vs. State of M.P. and others), wherefn, it was hetd that the similariy situated teachers are entitled to regular pay scale w.e.f. the date of inlUal appointment. The matter was taken up to the Hon'ble Supreme Court in Speciat Leave Pet'rtion (Civil) No.6892/93. The said petffion was dismissed bythe Hon'ble Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment. Learned counsel for the petitioners further submits that this Court, while consiclering the sarne issue in Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and another <W.P.(S) No.813 of 2007) by order dated 12.2.2007, has granted regutar pay scafe w.e.f. the date of initial appointment. Learned counsel for the parfes jointly submits friat this case is squarely covered by the decision of this Court in the 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 verificaflons made by the State regarding facts pleaded in the petition. Sd/- Sunil Kumar Sinha Judge % IV.