HIGH COURT OF CHHATTISGARH: BILASPUR Writ Petitibn (S) No. 222 of 2008 1) Jainarayan Mishra, S/o. Shri Gajraj Mishra, age about 45 years, Asstt. Teacher, Govt. Adarsh Primary Schoot, Tikyapara, Basna. Distt. Mahasamund (CG). 2) Parikshit Kumar Mishra, Sic. Late Shri Lalit Mohan Mishra, Age about 47 years, Asstt. Teacher, Govt. Primary School, Sagafpaii, Distt. — Mahasamund (CG). 3) -Shashibhushan Padi, S/o. Shri Anand Ram Padi, Age about 47 years; Asstt. Teacher, Govt. Adarsh Hr. Sec. School. Saraipaii, Dist. Mahasamund (CG). 4) Bharat Lai Sahu, S/o. Shri Ghaki Lai Sahu‘; Age about 47 years, Asstt, Teacher, Govt. Primary Schooi,‘Jagat, Distt~ Mahasamund (CG). 5) Gaurchandra Sahu, S/o. Shri Mukteshwar Sahu, Age about 51 years, Asst. Teacher, Govt. Middie Schooi,~ Badetemri, Distt. Mahasamund (CG). 6) Lingraj Tripathi, Slo. Shri Vidyadhar Triparhi, Age about 47 years. Asst. Teacher, Govt. Primary Schooi. Arekei, Distt. Mahasamund (CG). Versus 1) State Government of Chhatiisgarh through — Secretary Education & Tribai Department, D.K.S: Bhawan, Raipur (CG). 2) District Education omcer, Distt. — Mahasamund (C.G.). 3) Asstt. Commissioner, Tribal Weifare Department, Distt. - Mahasamund (CG). Petitioners Respondents (Writ Petition under Article 226 of the Constitution of India) SB: Hon’ble Mr; Satish K. Agnihotri, J. Present: Shri SomkantVerma, counselforthe petitioners. Shri A.S. Kachhawaha, Govt. Advocate for the State. I ORAL ORDER (Passed on 39‘“ January,20Q8) The petitioners were initially appointed on 31-1-1981 as Assistant Teachers on a fixed pay scale of R5150]. on probation for a period of two years. After completion of probation, the petitionere were granted regular pay scale of Rs. 169-300/~ 2) Learned counsel appearing for the petitioners submits that the issue involved in the case is asto whether the petitioners are entitled to regular pay scale with effect from the date of initial appointment or after completion of probation period‘ 3) The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A.No.2745189 (Madhukant Yadu and 56 others Vs. State of MP. & others) wherein it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up the Hon’ble Supreme Court upholding the deeision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. 4) Learned counsel appearing for the petitioners further submits that this Court while considering the same issue in Ram Kumar 8ahu and others Vs. State Govt. of Chhattisgarh and another in Writ Petition (S) 'No. 813 of 2007 by order dated 12-2-2007, has granted regular pay scale w.e.f. the date of initial appointment. (‘1' 5) 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 v \,.\ 3. ) \/ (supra). However, the State is at libefty to verify the facts of appointment asto whether the case of the petitioners is similar to that of the aider dated 112-2007 passed by this Court in W.P(S) No. 813 of 2307 {supra}. 5) in View of that this petition is allowed in the same terms. No order as to costs. Sd/— .‘l . if Satlsh K.Agnihotri Judge raju ‘j/