HIGH CDURT OF CHHATTISGARH AT BILASPUR WRIT PETITION 1S) No. 28’79 of2008 I ‘ PETITIONERS : 1. Ramu Bhagat Sfo Shri Sohrai Ram Bhagat, aged about 49 years Assistant Teacher; Govt Middle Schoo1 —- Karji, Block Ambikapur, Distt — Surguja (C.G.) 2. Ramchandra Ram Slo Late Shri Ropan Ram, aged about 52 yeam, Assistant Teacher, Govt. Primary School — Thor, Block Ambikapur, Distt. ~ Surguj (C.G.) c 3. Smt. Anna Dolorasa Topyo W/o. Albert Ekka, ag about 57 years, Assistant Teacher, Govt. G' s himary School < $ighma, Block Rajpur, Distt. Surguja (CG). , ‘ v B / 4. Sohar Sai S/o Late Shri Garib Ram, aged about 50 l years, Assistant Teacher, VGoVt. Primary School I Singhchora. Block Rajpur, Distt. — Surguja (C.G.) ' I VERSUS ' v " : 1. State of Chhattisgarh; Through — The Secretary, Department of Education D.K.S. Bhawan, Raipur (C.G.) 2. Director, Publie Instruction, Chhattisgarh Govt. Raipur. ' 3. DiStrict Education Officer, Distt. Surgnja (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF’INDIA RESPONDENTS SB: Hon’ble Shri Satish K. Agggotrl. J. F’resent: Shri A.S.Rajput, Advocate for the petitioners. Slm' Alok Bakshi, Government Advocate for the State/respondents. GRAL 01mm; (Passed on 17 day of June, 2008) With the consent of the patties: the matter is taken up for hearing finally. . The petitioners were aypointed as Assistant Teachers on fixed’pay of Rs. - ISQ/-. Alter completion of two years of probation yeriod, they were granted regular pay scale of Rs. 169-300/-. Leamed counsel appearing for the petitioners submits that the issue involved in the ease is asto Whether, the petitioners are entitled to regular pay scale wef. the date initial appointment or alter completion of‘probation period. x l j i 7 _ ' r - l a e 2. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A No. 2745/89 (Madhukani Yadu and 56 others Vs. State of M.P. & others), wherein it was held that the similarly situated teachers are entitied to reguiar pay scale w.e.f. the date of i initial appointment. The matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition 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 date of initial appointment. 3. In View of the above stated submissions made by learned counsel for the parties, the writ petition is disposed of in the same terms i.e. the petitioners are granted: libeity to make a representation, if so advised, to consider their case, if they stand on the same footings as per order dated 24.08.1992 by the Madhya Pradesh State Administrative Tribunal, Jabalpur, in O.A. No. 2745 of 89 Madhukant Yadu (supra) and subsequently confirmed by order dated..()3.01.1994 passed by the Hon’bie Supreme Court in Speciai Leave i’etition (Civil) No. 6892/93 and grant relief accordingly. 4. in View ofthe foregoing, this petition is disposed of. No order asto costs. Sd/- Satish K. Agnihotri ' Judge