HIGH GOURT OFCHHATTIS@ARH: BILASPUR Writ Petition (Sl No. S7of2008 Petitioners ResRondents 1) Suraj Kumar Shukla, aged aboat 55 years, son of Shri K.B. Shukla, woridng as Assistant Teacher, Govamment Primary School - Tendumar, ©istt Raigarh (GG) (Sl.no.5 in Anri P-1). 2) Nilambar Prasad Sao, aged about 47 yeare, son of D.R. Sao, Assistant Teaeher, Gowrnment Primary Sehool, Duliyamuda, Distt. Raigarh (CG) P. No.2inAnnP-1). 3) Chudamani pafel, aged afaout <©irears, son of Shri Ved Ram Patel, Assidant Teacher, Govemment Primary School- Amritpur, Distt. Raigarii (CG) (Sl.no.3 fn Ann P-1). 4) Nunuram Sidar, aged aboatSO yeare, son of Shri Sukhrain Sidar, Assistent Teacher, Government Priraary School • RaiFumakhurd, Distt. Raigarh (CG) (Sl.no.StnAnnP-l). 5) Chandroram Behra, aged about 52 years, son of Shri Kartik Ram B&ha, assjstant teacher, Govemm$nt ffiFjmary Schoo! - Rairumakhurd, Distt. Raigarh (CG) (S[. No.IO in Ann P-1). Versys ' 1) State of ChhatUsgarh threugh - Secretery, Depairbnent of School Education, Dau Kafyan Singh Bhavran, Raipur(CG). 2) DirectOT, Lokshikshan Evam Sanchalnalay, Raipur (GG). ^fr; 3) The District Education Officer, EducaUon District Ralgarh (CG). (Writ Petition under Article 226 of the Constitution of India) SB: Hon'ble Mr. Satish K. Agnihotri, J. Present: Shri A.N. Balda, CQunsgl fe'rthetietfWneR. Shrj A.S. Kachha<raha,Govt. Advocate for ttie Stato. rr- '; ^•--^-i - 2- ^yk ORALORDER (Passedon 30th January, 2008) The petitioners were initialty appointed in tha year 1978 as Assistant Teachere on a fixed pay scale of Rs.150/- on probation for a period of two years. After corapletion of probation, ttie p'etiUoners were granted regular pay scale (rf Rs. 169-300/- 2) Leamed counsel appearing for the pstttioners submits ttiat the issue involved in the case is asto whether the petittoners are entitled to regular pay scate with effectftom ttie date of Initial appointenentorafter comptetlon of probation period. 3) The issue involved, herein was considered by the Madhya Pradesh State Adminish'ative Tribunal, Jabalpurin O.A.No.2745/89 (Madhukant Yadu and 56 others Vs. Stats of W.P. & othere) wherein it was hetd thatthe similariy situated teachers are enUtled to r^ular pay scate with effect from the date of inltial appointment. The matter ws® taken up the Hon'ble Supreme Court upholding the declsten of tte Trlbunal to the effect that <he Teachers/^sistent Teactaers are antltled to regular pay scate from dats of initial appointment. 4) Learned counsel appearing for the peWoners further subroits that this Court while considering the same issue in Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and anottier in Writ Petitlon (S) No. 813 of 2007 by order dated 12-2-2007. has granted regular pay scale w.e.f. the date of initial appolntment. 5) Leamed counsel appearfng tor the parti^ Jointiy submit that ttiis case is squarely covered bythe decision ofthis Court in ttie ease ofRam Kumar Sahu and others Vs. State Govt. of Chhattisgarti and another ^supra). However, the State is at liberty to verify the facts of appointnisnt -5- raju asto whettier the (»seof the petitioners is simllar to that of the order dated 12-2-2007 passed by thte Court in W.P(S) No. 813 of 2007 (sypra). 6) In view of that this petitron fe altowed in the same terms. Noorder astocosts. Sd/- ^A8»ibotri J"dge jy^