HIG COURT OF CHHATTISGARH‘ AT BILASPUR Writ Petition {S y No. .1311 of2009 1. Gend Lal Pai1<ara, age about 59 years, ‘Asstt. Teacher, S/o Lat¢ Shri Diiu Say, Govt. Primary SchooL .Jamunda, Bxock Kanshabel, Dime; t V Jashpur (CG) ‘ PETITIONERS tr: , V I t 2. Madhushudan Shanna aged about 51 year I V r ’ ‘ U.D.T., s/o Shn SanatanShanna, Govt. Boys V High School, Kansabel, Blook Kanshabel, District Jashpur (CG) 3. Karuna Plasad Sharma, age about 54 years UD I‘ s/e Late Pumochan Shanna Govt Mlddle School Barangyor Block Kunkuri V District Jashpur (CG). VERSUS I _ . State Govt. of Chhattisgarh Through Secretafy, Tribal Welfare Department, DKS’ Bhawan, Raipur (CG) RESPONDENTS : 1 '2. Asstt Comnnsswnel Jashpur Distt Jashpui It it (CG) i V3. Block Educatlon Oliicer Kansabel Distt Jashpur (CG) 4. Block Education OBicer Kunkuri, Distt. L Jashpur (CG) ‘ x . ‘ 5/Treasuty Jashpur (CG) Account & Pens10n Jashpm Dlstt (WRIT PEITHON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) ' (SB Hon'ble M1 Satish K. Aguhog J ) Present : Shrl Somkant Verma Advocate for the petitloners Shn Arum Sao Govt Advocate for the State , ORAL ORDER V (Passed on 5m day ofMarch? 2&99) H s i With the consent ofthe panies, the matter is taken up for hearing finally. The petitioners were appointeci as Assistant Teachers on fixed pay ofRs. 100/. £$er compietion ofyrobation, the petitioners were granted regular pay scaie. Learned courisel appearing for the petitioners submits that the issue invoived in the ease is asto whether, the petitioners are entitled to regular pay scale wef. the date of initial appointment or aiter completion of probation period. he issue involved, herein was considered by the Madhya Pradesh State Ariministrative Tribunal, Jabalpur in 0A. No. 2445/89 (Madhukant Yadu and 56 others Vs. State ofMP. 8a Others), wherein it was held that the similarly situated teachers are entitled to regular pay scale wef. the date of initial appointment. The matter was taken up to Hon'hle Supreme Court. The appeai 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. Leamed counsel appearing for the petitioners submits that this Court while considering the same issue in Rain Kumar Sahu and others Vs. State Govt. of Chhatt’isgarhaiid‘another in Writ Petition (S) No. 813 of 2007 by order dated 12.02.2007, has granted regular pay scale w.e.f. the date of initial appointment. Learned counsel appearing for the parties jointly submit that this ease is squarely covered by the decision ofthis Court in the case ofRam Kumar Sahu and others Vs. State Govt. ofChhattisgarh and another (Supra). However. the state is at liberty to verify the facts of appointment asto l U). .\ \ \\ whether the case ofihe petitioners are similar to that of the order dated 12.02.2007 passed by this coult in W.P. (S) No. 813 0f2007 (Supra). In View of the above, this petition is disposed of. However, liberty is resewed to the petitioners to make appropriate application before the concerned authority, if so advised, for consideration of his ease in the light of judgment and order dated 12.02.2007 passed by this court in WP. (S) No. 813 012007 (Supra) . No order asto costs//. / V, // sdl’ \\ Ag“""°m \ Satis" hidge ' Gowri