HIGH COURT OF CHHATTISGARH AT BILASPUR W. P.(5) No. 2932 of 2008 Pefifioner's 1. Mangal Pmsad Pafei, 5/0 Shri Kushke’ru Pafel, aged abau‘r 55 year's) Assisfanf Teacher, Tribal Welfare Deparfmenf Primary School, Amlibahar, Block-.Podi- Uprodu, DisTric’r- Korba (C.G.) 2. Shyamlul Dewangan, S/o Shri'Jeevdhan Lal Dewangan, aged abouf 51 years, ’ Upper Division Teacher Tribal Welfare Deparlmen‘r Middle School, Baira, Block - Podi-Uproda, Dis‘rricT— Korba (C.G.) Versus 1. S’ra’re of Chha’r‘risgarh, Through Secretary, Educa’rion Department D.K.S. Bhawan, Raipur (C.G.) 2. Commissioner Tribal and Welfare Deparlmenf Raipur (6.6.) 3. Assisfan’r Commissioner, Tribal & Welfare DeparTmenT, Korba (C.6.) 4. Block Educa’rion Officer, Podi—Uproda, Dis’rricf— Korba (6.63) Respondem‘s SB: Hoh'ble Mr. Jusfice Safish K. Agnihofri, J Shri Dhirendra Mishra,‘ Advoca’re for The pe’ri’rioners. Miss Sunifa Jain, Panel Lawyer for The responden’rs. ORAL ORDER (Passed on this 17*“ Day of June, 2008) Wifh fhe consenf of learned counsel appearing for fhe parfies, The ma’r’rer is heard finally. 2. Learned counsel appearing for The peTiTioners submiTs ThaT The peTiTioners were appoinTed as DepuTy Teacher on fixed pay s‘cale of Rs. 100/- and 150/—. AfTer compleTion of probaTion period, The peTiTioners were granTed regular pay scale. He furTher submiTs ThaT . Wl/ ’rhe issue involved in The case is as’ro whefher fhe pefi’rioners are en’rh‘led f0 regular pay Scale w.e.f. the dd’re of ini’rial appoin‘rmenT or after completion of probation period. . The issue involved, herein was considered by the Madhyo Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), wherein it was held that the similariy situated teachers are entitled to regular 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 upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointments . In view of the above state submissions made by learned counsel for the parties, the writ petition is disposed of in the some terms i.e., the petitioners are granted liberty to make o repreSentation, if so advised, ‘ to consider their cases, if they stand on the same footings, as per the order dated 24.8.1992 passed by the Madhya Pradesh State Administrative Tribunal, Jabolpur, in O.A.No. 2745 of 89 (Modhukant Yadu) (supra) and subsequently confirmed by the order dated 3.1.1994 passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93 and grant relief accordingly. . In view of the foregoing, the petition is disposed of. No order osto é sm— l a Satish K. Ag‘nihotri‘ re“ w/ W _ V i W costs. Thakur t Judge h t