C.^ f^en^ BEIi'QRE THEJIQN'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR W.P.S. No. l-t&es^/2006 PETITIONERS ....-^ ^.<y> ^•»^7"'x ...^y >"y.. '^•••" ^" : 1) Durga Ram Sahu, S/o Shri Makhan Ram Sahu, aged about 42 years, R/o Ward No. 9, Ganjpura, Bemetara Distt. - Durg. 2) Smt. Sawita Tiwari, D/o Shri N L Tiwari, Model Primaiy School, Dewarbija. 3) Raj Kumar Jaiswal, S/o Shri Punu Ram Jaiswal, Primary School Tenduva. 4) Domra Ram Sahu, S/o Shri Sude Rajn Sahu, Govt. Primary School, Mahi Dahi. 5) Chintarara Bhuar, S/o Manohar Lal Bhuar, Govt. Pre Middle School, Kodva, P.0. Mohbhatta. 6) Thekram Thakur, S/o Shri G S Thakur, Govt. Pre Middle Schopl, Kodva, P.0. Mohbhatta. 7) Prakash Chand Verma, S/o Shri D S Verma, Govt. Primary School, Prsbhor. 8) Rafi Mohd. Qureshi, S/o Nabi Mohd. Qureshi, Primary School, Bendarchuva. 9) Janardan PrasadTiwari, S/o Higher Secondary School, Parpodi. 10) Ashok Kumar Dubey, S/o Dwarika Prasad Dubey, r ? RESPONDENTS Children Primary School, Parpodi. 11) Bisoha Ram Chedeha, S/o Shri Ganesh Ram Chedeha, Pre Middle School, Chechanmeta. 12) Kushel Dewnagan, S/o Shri Jagdish Dewnagan, Suinan Pre Middle School, Dewarbija VERSUS : 1) State of Chhatdsgarh through the Secretaiy, School Education Dept., D.K.S. Bhavan, Raipur (CG) / 2) Distt. Education Officer, Distt. Durg WRIT PETITIQN UNDER ARTICLE 226 & 227 QFTHE CONSTITUTION OF INDIA The humble petitioners abovenamed most respectfully begs to submit that: HIGH COURT OF CHHATTISGARH AT BIU^PUR W. P. (S) No. 4856 of2<M»6 Pefifionere : Durga Ram Sahu & others -Versus- Respondents : Sterte of Chhattisgarh & another SB: Hon'Me Mr. Justfce Satish K. Agnihotri, J Present: ShriP.S.Koshy,Advocate(wthepetife»ners. Shri V. V. S. Murthy, Depufy Advocate General for <he resporxients. f? ORDER (Passed on <his 8 day of Mareh, 2007) 1. The p^itkmers were appointed as ^sistant Tradier on flxed pay of Rs. 150/- in the year 19K. After compleBon of Iwo yess's probafion, they were granted regular pay scate. 2. Leamed counset appearing for ttie petitioners submits ttat ttre issue invohred in the case is asto whether the petMfoners are aitiUed to reyiter pay scale w.eJ. the date of initial appointment or from Uie date of comptetion of probation period. 3. The issue involved, hereinwas considered by e Madhya Pradesh State Administrathre Tribunal, Jabalpur in OA No. 2745/89 (Madtwltant Yadu and 56 ottiere Vs. State of M.P. & others), wherein ft was held that the similarty situated teachers are entitled to r^ular pay scsrie w.e.f. the date <rf Initiarf appointment. The matter was taken up to the Hon'bte Supreme Court !n Special Leave Petition (Civil) No. 6882^3. The said p^ition was dismissed by the Hon'bte Supreme Court uphokling the deciskm of the Trfeunal to ttre effect that the Teachers/Assistant Teachere are entitted to regidar pay scale from date of inftial appointment. - - - / aanwwNuasate' ^ Thakur 4. Learned counsel appeanng fbr the petiBonere furfter submits that this Court, white considering the same issue in W. P. (s) 5876 of 200S (SushB Tiwari & others Vs. State Govt <rf Chhattisgarh & othere), whfch was altowed vide order dated 7t November, 2006, has grantad regular pay scate w.e.T. the date of initiat appointment. 5. Leamed counsel appearing for the parties joinUy subnrit that this case is squarely covered by ttie decisfon of ftis Court in the case of Sushil Twari (Supra). 6. In view of that, this pditfon is allowed in the same tenns. No order as to cods. —- ;•Sd/- SatishK.Agnihotri Judge ^ /