x ^r )!"\ HIGH COORT OF CHHATTISGARH, BILASPUR W.P.lSI Ho. 7469 of 2007 PETITIONERS 2 RE8PONDENTS 1 2 3. Bhagirtlii Rathore, S/o STiri Jagclish Prasad Rafhore, aged about 50 years, Assistant Teacher, Govt. Girl's H^her Secondary Schpol-Baiadwar, Block Baintuudih, District Jaajgir-Champ (C.G.) Mahesh Kam Dewaagaa, S/o Shri Peelaram Dewangan, aged about 49 years, Assistant Teachcr, Govt Primaiy School Kamrid Block Baloda, District Jaajgir-Cbampa (C.G.) Vcrsus State of CTlhattisgarh, Throiigh - The Secretary, Departnient of Education, D.K.S. Bbawan, Raipur(C.G.) Director. PubUc Instruction Chattisgarh Govt. Raipur. District Education Ofiicer, District Janjgu'-Champa (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE COBSTITUTION OF IHDIA Appearance: Shri Arul Singh Rajput, Counsel for the petitioners. Shri Sushil Dubey, Govt. Advocate for tlie State on advance copy. ORAL ORDER (19.12.2007} SUNIL KUBilAR SIWHA. J Heard. Leamed counsel for tTie petitioners siihinits that the issue involved in the case is as to whether the petitioners are cntifled to reglilar pay scale w.e.f. tlie date of initial appointment or from. the date of coinpfetioTi ofproliation period. He subimts that tjie issue involved herein was considered by tTie Madhya Pradesh State Adininistrative Trihunal, Jatialplir in O.A. No.2745/89 (Madhiikant Yadu and 56 otbers Vs. State of M.P. anri othcrs), wherein, it. was held that the siniflarly sitiiatp^l teachers are entitled to regular pay scale w.e.f. the date ofinitial appointment. The inatter was taken up to the HonTite Supreine Court in Special I^eave Petition (Civi1) No.6892/93. The said petition was disinissed WP(S) No. 7469/2007 by the Hon'ble Supreme Court iipholding the decision of the Tribunal to tlie efFect that thc Teachers/Assistant TeAche.rs arc entifled to regiilar pay scale ftnia the date ofinitial appointinent. Leamed coiinsel for the petitioners fiirtticr submnts that. this Court, while considering the same issue in Rain KiiTnar Satiu and ofhera Vs. State Govt. of Chhattisgarh and anothcr (W.P.(S) No.813 of 3007) by order dated 12.2.2007, has granted regiilar pay scale w.e.f. thc date ofinitial appointment. l-<camed coiinsel for the parties joinfly siAmits that this case is squarely covered by ttie decision of ttus Court in the case of Ram Kuinar Sahii and another (supra). In view of tliat, this petition is allowed in the saine terms, However, tliis order shall be siibject to all verifications inade by the Stete regarding facts pleaded in tliie petition. Sd/- Sunil Kumar Sinha Judge Sunita •f