(^ HIGUCQURTOFCHHWTISGARHATBU.ASPUR Sinale Bench : Hon'ble ShriSatlsh K. Aanihotri. J. Writ Petition fS.l No.3357 of 2008 Petitioners Respondents 1 3. 4. Versys 1. 2. 3. 4. 5. 6. Madhukar Balveer, S/o Shri Namdev Balveer, aged about 53 years, Head Master, Primary School, Dhobedand, Block Doundi, Distt. Durg (C.G.) Krishan Kumar Deshmukh, S/o Shri Bedram Deshmukh, aged about 50 years, Asstt. Teacher, Primary School, Gidhali, Block Doundi, Dlstt. Durg (C.G^ " Shriram Bharti; S/o Shri Budhuram Bharti, Aged about 50 years, Asstt. Teacher.PrimarySchool, Mangaltarai, Bloek Ooundi, Distt. Durg (C.G.) Jeevan Lal Sahu, S/o Late Shri Chouhan Singh Sahu, age about 55 years, U.D.T., Middle Sehool, Siyarinala, Block Nagari, Distt. Dhamteri. (C.G.) State Govt. of Chhatt'sgarh, Through Secretary, Education and Tribal Department, D.K.S.Bhawan, Raipur (C.GJ Assistant Commissioner, Tribat Welfare Department, Dlstt. Durg (C.G.) District Education Officer, Distt. Dhamtari/Durg (C.G.) Block Education Officer, Block Doundl, Dlstt. Durg (C.G.) Block Education Officer, Block Nagari, Distt.Dhamtari (C.G.) Treasury, Account & Pension, Distt. Dhamtari/Dyrg<C.G^ Writ Petition under Article 226 of the Constitution of India Present: Shri Somkant Verma, counsel for the petitioners. Shri M.P.S.Bhatia, Deputy Govemment Advocate for the State/respondents. - ORAL.ORDER (Passedonthis 1st day^of^uty, 2008) lijiii,,!;],]..-^..; ^ ^ -"Z-- t- ^w. With the consent of learned counsel appearing for the parties, the matter is heard finally. (2) Learned counsei appearing for the petitioners submits that the petitioners were appointed as Deputy Teacher on a fixed pay of Rs.100/- in the year 1974; 1976 and 1979. After completion of probation period, 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-scale with effect from the date of initial appointment or after completion of probation period. Learned counsei further submits that the issue involved in this case is squarely covered by a decision of the Madhya Pradesh State Administrative Tribunal, Jabalpur passed in Original Application No.2745/1989 (Madhifkant Yadii and 56 others vs. Stete of M.P. and others), wherein it was held that similarly situated teachers are entitled to regular pay- scale with effect from the date of jnitial appointment. (3) The matter was taken-up to the Hon'ble Supreme Court. The appeal was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribunat in Madhukant Yadu and 56 ofhers vs. Stete of M.P. andothers (supra). (4) In view of the above submissions made by learned counsel appearing for the parties, the writ petition is disposed of in the same terms, i.e., the petitioners are granted liberty to make a representation, if so advised, to consider their cases, if they stand on the same footings, as per the order dated 24-08-1992 passed by the Madhya Pradesh State Administrative Tribunal, Jabalpur in Original Application No.2745/1989 (Macfhufcarrf Yadu and 56 offwrs vs. Sfete of MP. ancf [iii. !'|i. l:l!;i!Itli''l:!'l; :•• ;—-Ty" ~y ...ffg^a^; ^ Gopal otheiv) (supra) and subsequently confirmed by the order dated 03-01- 1994 passed bythe Hon'ble Supreme Court in Special Leave Petition (Civil) No.6892/1993 and grant relief accordingly. (5) In view of the foregoing, the petition is disposed of. No order as tocosts. ___ SdA Satish K. Agnihotri ( gp ^s. -<- -^ ^ '