y HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 268 011008 PETITIONERS : 1. Lakminarayan Sidar, S/o Baldu Ram Sidar, aged about 58 years, Upper Division Teacher, Government Higher Secondary School: Halahuli, Block Kharsia, District - Raigarh (C.G.) 2. Kshamanidih Yadav, S/o Chaitan Ram Yadav, aged about 4’7 years, Upper Divisiori Teacher, Government Middie School, Shekharpur, Biock v Pimhalgam District — Jashpur Nagar (C.G.) VERSUS : 1. State of Chhattisgarh Throug1 Secretaxy, Education Department, D.K.S. Bhawan, Raipur (C.G.) ' . Assistant Commissioner, Tribai and Welfare Department, District — Raigarh (C.G.) RESPONDENTS 3. Assistant Commissioner, Tn'bal and We}fare Departmem, Jashpur Nagar, (C.G.) 4. Block Education Oflicer, Kharsia, District —— Raigarh (C.G.) V 5. Block Education Officer, Patthalgaon, District — Jashpur Nagar (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ hie Shri Sutish K. Agnihotri. J. Present: Shri Anii Mourya, Advocate for the petitioner. Miss Sunita Jain, Panel Lawyer for the State/respondents. ORAL ORDER (Passed on __T_..__ 14 day cf January, 2008) 1. The petitioner was appointed on 02.06. 1982 on yrobation for a period of two years as Assistant Teacher on a fixed pay of Rs. 200/—. Aiter completion oftheir probation, they were granted regular pay scale. Learned counsel appearing for the petitioners submits that the issue involved in the case is asto whether, the petitioners are entitled to regular pay scale with eit‘ect irom the date of initial appointment or aiter completion of probation period. 3. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabaipur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & Others), wherein it was heid 2m that the similarly éituated teachexs 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 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 ofinitial appointment. Learned counsel appearing for the petitioners further aubmits that this Court, while considering the same issue in Ram Kumar Sahu & Others Vs. State Govt. of Chhattisgarh & another, W.P.(S) No. 813 of 2007, by order dated 12.02.2007, has granted regular pay scale with effect hem 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 Ram Kumar Sahu & Others Vs. State Govt. of Chhattisgarh & another (supra). In View of that, this petition is allowed in the same terms, subject to verification ofthe facts. No order asto costs. 11 Sd/_ Satish K. Agnihotri Judge ft)