IGH CGURT 9F CHEATTESilARE AT BELA§13 Writ Peéitifm {S} N0. 849 0f23{%8 FETETIONER £r }J Ie‘ a hiv 13ragad Bite! Sh) Shri EShwar Prasad Patel, aged about. ‘ 3 years, Upper Division Teacher, Government Boys Middle chool Pali, Biock Dietrict Korba (CG). VERSUS RE @“ENnT§ : 1. State of Chlmttisgarh, through Secretary, School Education Department, DKS Bhawan, Raipur (CG), The Director Public Instmctiog Department Raipur (CG). District Education Officer, Korba (CG). Block Education Olficer, Pall, Distt. Korba (CG). Assistant Commissioner Tribal Welfare Depamnent Disirict Korba (CG). The Principal Govemment Higher Secondary School, Korba (CG). FW?)V a‘. {WRIT PETITIGN UNDER ARTICLE 226 OF THE CONSTITUTIDN OF INDIA) Present : 8L... KS, Pawar, Advocate for lhe petitiooer. Shri Satish Gupta, Govt. Aovocate for the Staie/respoodents. ORAL CRDER 1 (Eassed on 11m of Fahrimry, 2&3) The petitioner was appoiiited 011 04.07.1977 as Aeeistarrt Teacher on fixed pay of RS. 100/-. Aiier completion of probation. the petitioner was”. granted regular pay scale. Learned counsel appearing for rhe‘oetirioner submits that the issue involved in the ease is asto Whether, the petitioner is entitled to regular pay scale wef the“ date of initial appointment or after completion of probation period. 3. The iseue invoived, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpnr in 0A. No, 2445/89 (Madliiikaiit Yadu and 56 others Vs. State of MP. & Others), wherein it was held that the similarly situated teachers are entitled to regular pay scale wef. the date of iiiial appointment. The matter was taken up to Hon‘ble Supreme Court. The appeal was dismissed by the Hon’ble Supreme Court npholding hie decision of the Tribunal to the effect that the v lo alw i IV J "w/xa a, H UR .. @ TeachersiAssistant Teashers are entitled to regular pay scale from date of initial appointment. Learned counsel appearing for The petitioner submits that this Court while considering the same issue in Ram Kunmr Sahu and others Vs. State Govt of Chimttisgarh and another in Writ ?etition (S) No. 813 0f 2007 by order dated 12.02.2067, has granted regular pay scale wef. the date of initial appointment. Learned counsel appearing for the parties jointly submit that this case is squareiy covered, by the decision of this Court in the case of Rain Kunmr Sahu and others Vs. State Govt. of Chimttisgarh and another (Supra). However, the state is at liberty to verify the faets of appointment asto whether the case of the petitioner is similar to that of the order dated 1’2Lf)2.200‘7 passed by this court in W.P. (S) No. 813 of 2007 (Supra). In View ofthat this petition is allowed in the same terms i.e. petitioner is entitled for regular pay soale with eifect from the date of initial appointment, subject to veritieation ofthe feets. No order asto eosts. Sdl- Satish K. Agnihotri Judge