RH: BILA$PUR Writ Petition 15) No. $91 otzoos 1) Samru Ram Jharia, S/o. Shri Kanhai Jharia aged abcut 47 years, Assistant Teacher, Government Middle School, Khahar, Blck Kharsia, District Raigarh (CG). 2) Jeeva ‘ Lal Pandey, Slo. Shri Abhay Ram Pandey, ad about 5D years, Assistant Teacher, overnment Middly Schcoi, Bana, Bloc Kharsia, District Raigarh (CG). Versus 1) State of Chhattisgarh, through the Secretary, Education Department, D.K.S. Bhawan Raipur (CG).. ) District Edcation Oii‘ioer, Raigarh(CG). 3) The Assistant Commissioner, Tribal 8. Welfar Dertment, Raigarh (CG). e pa 4) Bloc Education Officer, Kharsia, District Raiarh (OG). (Writ Petition uner ticle 226I227‘ o he Constitution of lndia.) SB: Hon’ble M Seesh K. Agnlhotri, J. Pt Shi Ail Mua lfth t resen: r n ory, counseore peitioners. Shr Yashwan Sing hakur, Dputy Advocate General with Smt Sunita Jain, anel Lawy f he State. ORAL ORDER fJ (Passed on 16" day oune, 2008) With consent of lened counsel appearing for the parties, the matter is heard finally. 2) Learned couns apearing for the petitioners submits hat the petitioners re appinted as Assistant eacher in 1978 an 1981 on a nxed pay scaie of Rs.150/. for a period of two years. Alter compietion of two years probation, the petitioners were granted regular pay scale. He further submits that the issue involved in the case is asto whether the petitioners are entitled to regular pay scaie with effect from the date of initiat appointment or aiter completion of probation id pero. HIGH COURT OF CHHAmSGA Petitiongr a , m o n G ge k , 2 u g k d Ar f t r. i t h T e P er or t ar el p t we o Ts d 3) The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A‘No.2745i89 ( Madhukant Yadu and 56 others Vs State of M.P. & Others), wherein it was held that the similariy situated teachers are entitled to tegular pay scale w.e.f. the date of initial appointment. The matter was taken up to the Hon’ble Supreme Court. The appeal was dismissed by the Hon’ble Supreme Court, uphoiding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. 4) ln view of the above stated submissions made by learned counsel for the parties, the writ petition is disposed of in the same tenns i.e., the petitioners are granted liberty to make a representation, if so advised, to consider the petitioners case, if they stand on the same footings as per order dated 24-8-1992 by the Madhya Pradesh State Administrative Tribunat, Jabaipur, in O.A,No. 2745 of 89 (Madhukant Yadu (supra) and subsequently confirmed by order dated 3-1-1994 passed by the Hon'bie Supreme Court in Speoial Leave Petition (Civii) No. 6892/93 and grant reiief accordingly. 5) ln view of foregoing, the petition is disposed of. No order aeto costs. Sdl- atish K. Agnihotri 7 Judge S