.^^ HIGiI COURTOF CHHAmSQARH, BILASPUR W.P. (81 No, 7062 of 2007 PETITIONER RESPOHDENTS Chandra Kuinar Soni, aged about 47 years, s/o Shri Lakheshwar Prasad Soiii Assistaiit Teacher Priinary School, Dhawra Pahari, Distri.et Korba(CG) Vcrsus 1 State of Chliattisgarh, Through Secretary, School Education Departaient, D.K.S. Bhawaa, Raipur(C.G.) 2 The Director, / Public Instruction Department, Raipur (C.G.) 3. Assistant Cpmmissioner, Tribal & Welfare Department, KorbafC.G.) 4. BlQck Education Officer, Korba, Dstrict Korba (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTIT'UTIOBI OF INDIA Appearaace: Shri K.S. Pawar, Counsel for the petitioner. Shri Ajay Dwivedi, Panel Lawyer for the State on advance copy. (28.11.2007) SUNU- KUMAR SINHA^J Heard. Leamed counsel for fhe petitioner subnuts that the issue involved iu fhe case is as to whether fhe petitioner is entiUed to regular pay scale w.e.f. fhe date of initial appoiutment or from the date of coiapletiou of probation period. He subniits fhat fhe issue iavolved hereia was considei^d by the Madhya Pradesh State. Administrati.ve Tribunal, Jabalpur iu O.A. No.2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. and others), wherein, it was held that the similarly situated teachers are entifted to regular pay scale w.e.f. fhe date of initial appoiatment. The matter was talten up to fhe Hoa'ble Supreiae Court in Special Leave Petition (Civil) No.6892/93. The said petition was dismissed by fhe Honlale Supreme Court upholdiug fhe decision of fhe Tribunal to fhe effect W.P:(S)No.7062/2007 fhat fhe Teaclieis/Assistaat Teachers are entifled to regiilar pay scale from fhe dafe ofinitial appoiutment Leamed couasel for fhe petitiQner fiirfher subiuits that this Court, while eonsidermg the same issue in Ram Kiunar Sahu aad others Vs. State Govt. ofChhamsgarb and another (W.P.(S) No.813 of 2007') by oider dated 12.2.2007, has grautEd regular payscale w.e.f. fhe date ofiuitial appomtment. Leamed couiiselforthepartiesjointly submits tiiat fhis case is sqyarely eovered by fbe decision ofthis Court iii fhe case ofRam Kumar Sahu aad anofher (supra). In view of that, ttris petition is atlowed ia fhe same terms. However, ttus order shaU be subject to all verifications uiade by fheState regardiag facts pleaded ui fhe petition. Sd/- Sunil Kumar Sinha Judge .•fc