v HIGH COURT OFCHHATTISGARH. BILASPUR W.P.(S)No. 6935 of 2007 PETITIONERS 1 Rameshwar Prasad Rathiya, s/o Pila Dou Rathiya, aged about 47 years, Assistant Teacher, Govt. Primary School, Jabalpur, Block Kharsia, Distt. Raigarh (C.G). 2 Chatram Patel, s/o Chandrika Prasad Patel, aged about 47 years, Assistant Teacher, Govt. Primary School, Purena, Bloek Kharsia, Distt. Raigarh (C.G) Versus 1 State of Chhattisgarh, Through : The Secretary, School EducaBon Department, D.K.S. Bhawan, Raipur, District- Raipur (C.G.) 2 The Director, Public Insfruction Department, Raipur(C.G) 3 Assistant Commissioner, Tribal & Welfare Department, Raigarh (C.G) 4 Block Education Officer, Kharsia, Distt. Raigarh (C.G) WRIT PETITION UNDER ARTICLE226 OF THE CONSTITUTION OFINDIA RESPONDENTS ^- Appearance: Shri Anil Mourya, counsel for the petitioners. Ku. Sunita Jain, Panel Lawyer, for the State/ respondente on advance copy. ORAL ORDER (21.11.2007) SUNIL KUMARSINHA. J. Heard. Learned counsei for the petitioners submite that the issue involved in the case is as to whettier the petitloners are entitled to regular pay scate w.e.f. the date of initialappointment or from the date of comptetion of probation period, He submits that ths issue involved herein was considered by the Madhya Pradesh State Administrath/e 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 entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court'in Special Leave Petition (Civil) No. 6892/93. The sald petition .P.(S)No. 6935 of 2007 was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribunal to the effect thatthe Teachers/ Assistant Teachers are entitled to regular pay scale from the date of initial appointment. Learned counsel for the petitioners further submits that this Court, while considering the same issue in Ram Kumar Sahu & others Vs. State Govt. of Chhattisgarh &another 0/V.P.(S) No. 813 of 2007) by order dated 12.2.2007, has granted regular pay scate w.e.f. the date of initiat appointment. Learned counsel for the parties jointly submit that this case is squarely covered by the decision of this Court in the case of Ram Kumar Sahu and another (Supra). In view ofthat, this petition is allowed in the same terms. However, this order shall be subject to all verifications made by the State regarding facts pleaded in the petition. sd/- r' Sunil Kumar Sinha Judge ; Rao »-