HIGH COURT OF CHHATTISGARH BILASPUR ‘n Petitioners 11 2/x w.P. gs; No.2193/2008 Krishna Ban Goswami, Aged 53 yeaxs, S/o. Late Shn‘ Ghanaband Goswami, Assistant» Teacher, Govt. Primary School, District Pandrikala, Rajnandg'aon (C.G.) Kdmta Pmsad Tiwan', Aged 56 years, S/o. Shri Baldeo Plasad ’I‘iwan‘, Assistant Teacher, Govt. Primaxy School, NaWagaon Kala, istrict Rajnandgaon (C.G.)/ Babu Lal Patel, Aged 56 years, S/o. Shn‘ Daya Ram Patel, Assistant Teacher, Govt. Primary School Dhanele, Disu'ict Rajnandgaon (C.G.) Khaman Lal Gangele, Aged 55 years, S/o. Shn' Gand lal Gaugele, Assistant Teacher, Govt. Primaxv School, Persahe, Dism'ct Rajnandgaon ice.) Shri Ram Lal Velma, Aged 57 yea1s S/o. Shn‘ Jaganath Verma, Assistant Teacher, Govt. Plimaly School, Amlehadehe, District Rajnr—mdgaon (C.G.) ‘ Chain Sing Thakur, Aged 59 years S/ o. Shri KR. Thakur, Head Master, Govt. Primary School, Kurud, Bhi1ai‘, Dishict Durg (C.G.) Tulsi Ram Khopragade, Aged 54 years, S/ o. Late Shri Sokalo Ram Khopragade, Lecturer, Govt. Higher Sec. School, Umradha aharpur, Distt.-Kanker (C.G.) Smt. Bhogyane (Ueky) Khopragade, Aged 50 years, W/o. Shri Tulsi Ram Khopragade, Hea(i Mistress, Govt. Middle School, Persada, Gondardehi, District. Dung (eon) Ku. Umroo Be Kurashi, Aged 5'7 years, , D/o. Shn‘ Wali Moh. Kureshi, Assistant Teacher, Govt. Middle School, Lalo Tola Chhon'ya, District Raj‘nandgaon (C.G.) Babu 1al Gupta, Aged 62 years, S/o. Shri Moti Lal Gupta, Assistant Teacher, Govt. Primaiy School, Kakarela, Distn'ct Rajnandgaon (C. G.) Ramesh Kumar Gautam, Aged 54 years S/o. Shn' Narmada Prasad Gautam, Assistant Teacher, Govt. Primary School, Bhatgaoh, District Durg (C.G.) 10. D h N 2 W.P. ‘(S.) No. 2193/2008 z 12. Rajcndra Prasad Sharma, Aged 54 years S/ o. Shri Manrakhan Lal Shanna, Assistant Teacher, Govt. Middle School, Ahiwara, Distiict Durg (C.G.) Versus RESPONDENTS The State Gove‘mmént of Chhattisgarh Through the Secretaxy, School Education Depaxtmant Ministry, D.K.S. Education Bhavan, Raipur (C.G.) Dimctor of Public Instructions, State of ChhattiSgarh, Pension Bada, Raipur (C.G.) ' 3. The Dismct Education O$oer, Durg (C.G.) 4. The Distxict Educau'on onicer, '4 ‘1. Rajnandgaon (C.G.) 5. The Dismct Education 0&cer, Kankor (0G,) ‘ c Aggearance : Q: Shri Somkant Verma, counsel for the peh'tioner. advance V Ms. Sunita Jain, Panel Lawyer for the respondents] State on copy. ' oRAL ORDER {15.04.2008} SUNIL KUMAR SINHA, J. Heard. -' Learned counsel for the petitioners submits that the issue involvmi, sc’ale inthe case is asto whether the petitioners are entitled to regular pay w.e.f. the date of initial appointment or from the date of completion of probation period. He submits that the issue involved herein was considered by ‘ the Madhya Pradesh State Administrative Tribunal, 56 others Vs. sate Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and of M.P. & others), wherein, it was held that the similarly situated teachers are enn'tled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to the Hon’ble Supreme Court in Special Leave Petition (Civil) No.6892/93. The said petition was dismissed by the the eh‘ect Hon’ble Supreme Court upholding the decision of the Tribunal to the Teachers] Assistant Teachers are entitled to regular pay scale horn that the the date of initial appointment. 3 w.P. (3.) No. 2193/2008 On @ Learned counsel for the petitioners further submits that this Court; while considering the same issue in Ram Kumar Sahu & others Vs. State Govt. of Chhattisgarh & another (W.P.(s) No.813 of 2007) by order dated 12.02.2007, has granted regular pay scale W.e.f. date of mmal appointment. Leained counsel for the parties jointly submit that this case is squarely covered by the decision of this Oouxt 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 vermcations made by the \ State regaiding facts pleaded in the petition. 1 . Sd/— i‘ Sunil Kumar Sinha[ Judge i i