:'v ^ H10H COURT OF CHHATTISGARH, BILASPUR W.P. (StNo; 7063 of 2007 PETITIONER Bharat Lal Patel, aged abouf 45 years, s/o Shri. Anand Ram. Patel Assistaiit Teacher Goverrunent Middle School, Barkonlia, Districf Korba(CG), ' . Versus 1 State of Chhatdsgarh, Through Secretaiy, School Educatioii DepartDient, D.K.S. Bhawan, Raipur(C.G.) 2 The Director, Public Instruction Department, Raipur (C.G.) 3. Assistaat Conimissioner, Tnbal &. Welfare DeparfcBient, Korba(C.G.) 4. Block Education Officer, Korba, District Korba (C.G.) WRIT PETITION UNDBR ARTICLB 226 OF THE; CONSTITUTION OFINDIA Appearance: Shri K.S. Pawar, Counsel for the petitioner. Shri Ajay Dwivedi, Panel Lawyer for the State on advance copy. OSA^pRDER (28.11.2007) SUNIL KUMAR SINHA, J Heard. Learaed counsel for fhe petitioner subinits that fhe issue involved in fhe case is as to whether fhe petitioner is entitled to regular pay scale w.e.f. the date ofinitial appouitaient or fiom tlie date ofcompletion ofprobation period. He submits fhat the issue involved herein was cpnsidered by the Madhya Pradesh State Administrative Tribunal, Jabalpur ia O.A. No.2745/89 (Madhukaat Yadu aiid 56 others Vs. State of M.P. aiid ofhers), wherein, it was held fhat the smularly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointtuent. The inatterwas taken up to fhe Hon'ble Supreine Courtia Special Leave Petition (Civil) No.6892/93. The said petiti.on. was dismissed by the Hon'ble Supreme Court upholding fhe decision 'of the I^J ^^»f ••'•^•.^^^-Ltir^lh^^-.'i € m W.P.<S)No.7063/2007 Tribunal t6 fhe eSect that the Teachers/Assistant Teacfaers are entiUed to regularpay scale fi-oin the date ofiaitial appouitment. Leamed counsel for the petitioner furfher subiuits fhat this Court, while consideruig the same issue m. Ram Kumar Sahu aad others Vs. State Govt. of Ghhatdsgarh and another (W.P.(S) No.813 of 2007) byorderdated 12.2.2007, has granted regularpay scale w.e.f. fhe date ofinitial appoiutment. Leamed counsel for the parties joiafly subinits that fhis case is squarely covered by the deeision of fhis Court iu Qie case ofRain Kumar Sahu aad aaofher (supra). In view ofthat, this petition is allowed ui Uie same terms. However, this order shattbe subject to all verifications m.ade by the State regardiag facts pleaded in fhe petition.] Sd/- Sunil Kumar Sinha Judge Sunita