r2 HKGH CGURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 264 01’2008 PETITIONERS : Ammaram Patel, S/o Shri Pammvir Singh, aged about 55 years, Assistant Teacher, Government Primary School, Raksapali, Block ~ Kharsia, District —— Raigarh (C.G.) RESPONDENTS : 1. State of Chhattisgarh Through Secretary, Education Depamnem, D.K.S. Bhawan, Raipur (C.G.) 2. The Director, Pub1ic Instruction Department, Raipur (C.G.) 3. Assistant Commissioner. Tribal and Welfare Department, Raigarh, District — Raigarh (C.G.) 4. Block Education Omcer, Kharsia, District — Kharsia (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA VERSUS SB: Hon’ble Shri Satlsh K. Agnihotri. J. Present: Shri Anil Mourya, Advocate for the petitioner. Miss Sunita Jain, Panel Lawyer for the State/respondents. ORAL ORDER (Passed on 14H; day of Janaaiy, 2008) The petitioner was appointed on 27.06.1983 on probation for a period of two years as Assistant Teacher on a fixed pay of Rs. 300k After completion of his probation, he was granted regular pay scale. Learned counsel appearing for the petitioners submits that the issue involved in the case is asto whether, the petitioner is entitled to regular pay scale with eifect h‘om the date of initial appointment or atter completion of probation period. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (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 to the Hon’ble Supreme Court. The appeal was dismissed by the Hon’ble / ‘3:e~. Supreme Court uyholding the decision ofthe Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale &om the date of initial appointment. 4. Learned counsel appearing for the petitioner further submits that this Court. while considering the same issue in Sushil Tiwari &, Others Vs. State Govt. of Chhattisgarh & others, W.P.(S) No. 5976 of 2006, by order dated 07. 11.2006, has granted regular pay scale with eEect irom the date of initial appointment. Learned counsel appearing for the parties jointly submit that the case is squarely covered by the decision of this Court in the case of Sushil Tiwari & Others Vs. State Govt. of Chhattisgarh & others (supra). 6. In View ofthat, this petition is allowed in the same terms, subject to verification ofthe facts. NO order asto costs. j} Sd/- Satish K. Agnihggrg Judge