^ HSGH COURT OF CHHATTISGARH: BiLASPUR Writ Petition (S) No. 741 of 2008 Petitioner Ashok Kumar Dubey, S/o. Late Shri Ghanshyam Prasad Dubey, aged about 53 yoars, Assistant Teaeher, Qovemment Prima.ry Schoo! Sarai Singar (Hardi Bazar), Block- Pali, District Korba ResDondents 1) 2) Versus State of Chhattisgarh through - Secretery, School Education Department, D.K.S. Bhawan, Raipur (CG). The Director, Public Department, Rajpur (CG). Instruotion Present: 3) District Education OffiGer, Korba (CG). 4) Biock Education Officer, Pali, Distt. Korba 5) Assistant Commissioner, TribaJ Weifare Department, District Korba (CG). (Writ Petition under Article 226 of the Constitution of Sndia) SB: Hon'ble Mr. Satish K. Agnihotri, J. Shri K.S. Pawar, counsel for tiie petitjoner. Shri AiokBakshi, Govt. Advocate fortheState. ORALORDER (Passedon 5thFebruary, 2008) The petitioner was tnitiaily appointed on 4-7-1977 as Assistant Teacher on a fixed pay scale of Rs. 100/- and thereafter Rs.150/- on probation for a period of two years. After compietion of probation, the petitioner was granted regular pay scale of Rs. 169-300/- 2) Learned counsel appearing for the petitioner submits that the Issue invoived in the case is asto whether the petltioner is entltied to reguiar pay scaie with effect from the date of initiai appointment or after completion of probation period. Raju 3) 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 M.P. & others) wherein it was held that the similarly situated teachers are entitied to reguiar pay scale with effect from the date of initlai appointment. The matter was taken up the Hon'bie 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. 4) Learned counsel appeanng for the petiiioner fvrther submits that this Court whiie considering the same issue in Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and another in Writ Petition (S) No. 813 of 2007 by order dated 12-2-2007, has granted regular pay scaie w.e.f. the date of inilia! appointment. 5) Learned counsel appearing for the partles jointiy submlt that this case is squareSy covered by the decision of this Court in the case of Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and another (supra). However, the State is at iiberiy to verifv the facts of appointment asto whether the case of the petitioners is simiiar to that of the order dated 12-2-2007 passed by this Court inW.P(S) No. 813 of 2007 (supra). 6) in view of that this petition is aSSowed in the same terms j.e.,the petitioner is entitled to reguiar pay scaie with effect from the date of initiai appointment. No order as to costs. —~~—~ Sd/- Satish K. Agnihotri Judge