^ HIGH COURT OF CHHATTISGARH. BILASPUR WritPetttion (S) No. 7296 of 2007 PETITIONERS RESPONDENTS •S-. 1. Devi Prasad Pandey, S/o Bhulau Prasad Pandey, aged about 47 years, Assistant Teacher, High School Barpali, Champa, Block Bamhanidih, District Janjgir-Champa (C.G.) 2. Dau Lal Rathore, S/o Shri Raradhan Rathore, aged about 46 years, Asst. Teacher, Govt. Middte School Banari, Block Navagarh, Distt. Janjgir-Champa (C.G.) 3. Ambikesh Dutt Pandey, S/o Shri Babulat Pandey, aged about 45 years, Govt. Primary School Gaushala Naila, Block Navagarh, District Janjgir- Champa (C.G.) 4. Rajkumar Dwivedi, S/o Prahlad Prasad Dwivedi, aged about 48 years, Asst. Teacher, Govt. Primary Sehool Mahant, Block Nwagarh, District Janjgir-Champa (C.G.) 5. Shivnarayan Dubey S/o Shri Badri Prasad Dubey, aged bout 50 years, Asstt. Teacher, Govt. Primary School, Rasauta, Block Batoda, District Jangjir- Champa (C.G.) 6. Kamal Kumar Gauraha, S/o Shri Narayan Prasad, aged about 47 yeare, Asst. Teacher, Govt. High Schoot Dhurkot, Block Navagarh, District Jangjir-Champa (C.G.) Versus 1 State of Chhattisgarh, Through Secretary, Department of Education, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 2 The District Education OfTicer, District Janjgir-Champa (C.Q.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF 1NDIA Appearance: Shri Bhupenda Singh, Counsel torthe petitionere. Ms. Sunita Jain, Panel Lawyer for the State on advance copy. W.P.(S)No.7296/2007 "?" ^ Shyna ORALORDER (10.12.2007) SUNILKUMARSINHA.J Heard. Leamed counsel for ttie petitioners submits ttiat the issue invoh/ed in the case is as to whether the pett'oners are entitled to regular pay scate w.e.f. the date of initial appointment or from the date of comptetion of probation period. He submits that the issue inwrived herein was considered by the Madhya Pradesh State AdministraUve Tribunal, Jabalpur in O.A. No.2745/89 (Madhukant Yadu and 56 othere Vs. State of M.P. and others), wherein, it was held that the similarty situated teachers are entitled to regular pay scale w.e.f. the date of initiat appointment. The matter was taken up to the Hon'ble Supreme Court in Special Leave Petition (Civil) No.6892/93. The said petition was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachere are enUtled to regular pay scale from tie date of iniUal appointment. Leamed counsel for the petitioners further submits that ttiis Court, white considering the same Issue in Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and anottier (W.P.(S) No.813 of 2007) by order dated 12.2.2007, has granted regular pay scale w.e.f. the date of initial appointment. Learned counsel for the parties jointly submits that this case is squarely covered by the decision of this Court In the case of Ram Kumar Sahu and another (supra). In view ofthat, this petition is allowed in the sarae terms. However, this order shall be subject to all verificattons made by the State regarding facts pleaded in the petition. Sd/- Sunil Kumar Sinha Judge ^^w^