@ HIGH COURT OF CHHATTISGARH AT BILASPUR ‘_ ‘Writ Petition (S) N0. 2898 of 2G08 1. Hetram PateL S/o Shri Paras RimlPatel, Aged. about S8 years. Assistant Teacher‘ GoVcmmcnt Primary School, Basnajhar, Block Kharsia, District Raigarh (CG). gd Primary School , Kiritma‘, ‘Biock Kharsia, District Raigarh (CG). ' I’ETITIONERS Muriidhar Dansena, S/o Shs’i Jaidev Prasa Dadsena, aged about 54 years‘ Assistant Teacher‘ Govt. : Egghtwiz' ?:'a§5&£i Dausgga, S/el Shit Hatdw Pragéad Dansena aged about 53 years‘ Assistant Teacher, ’Govemment Primary School, Salihabhata, Block Kharsia District Raigarh (CG). Keshav Prasad Gabel, S/o Shri Baisakhu Ram Gabel, aged about 57 years, Assistant Teacher, Government Primary School, Halahuli, Block Kharsia, District Raigarh (CG). i Rathram Ratliore, S/o Slm' Janak Ram Rathore, Aged about 57 years. Assistant Teacher, Government Primary School, Tlikot, Block Kharsia District Raigarh (CG). . Shankar Piasad Tiwari, S/o Shri Jairam Prasad Tiwari. aged about 57 years. Assistant Teachcr‘ Government Brimary School, C‘hhotc Devgaon, Block Kharsia. District Raigarh (CG). VERSUS RESPQND i . Stateot‘ Chhattisgarh, through Secretary, Education Department. DKS Bhawan. Raipur (CG). District Education Officer, Raigarh (CG). The Assistant Commissioner Tribal & Welfare Department, Raigarh (CG). ro s» 4. Block Education Officer. Kharsia. District Raigarh (CG) ' (WRIT PETITION UNDER ARTICLE 226/227 OF THE CQNSTITUTION OF TNDIA) (£3: Hon'ble Mr. Satish. K. Agnihoti'gJ.) resent : Shri Anil Mourya, Advocate frir the petitioners. P Miss Sunita Jain, Panel Lawyer for the State/respondents. oRAJ ones}: (Passeti on 18m flay uf June, 20%) nsent of the parties, the Latter is taken up for hearing d . ENTS o h) . The petitionars were appointed as Assis‘tml. Teachers on fixed pay of Rs. 100/—. After completion of two years 0f pyobatien peiiod, they were granted regulay pay scale. Learned. counsel appearing for the petitieners submits that the issue invelved in the ease is astc whether, the petiticmers are entitled to regular pay scale wef‘ the date initial appointment or aiter completion of probation period. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tiibunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.Pi & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale wet. the date of initial appointment. The mattei‘ was taken up to Hon‘ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon‘hle Supreme Court upholding the decision of the Tribunal to the effect that the TeaChers/Assistant Teachers are entitled to regular pay scale from date of initial appointment, In View of the above stated submissions made by learned counsel for the parties, the writ petition is disposed of in the same terms i.e. the petitioners are granted liberty to make a representation, if so advised, to consider their case, ifthey stand on the same footings as per order dated 24.08.1992 by the Madhya Piadesh State Administrative Tribunal, Jabalpur, in 0A. No. 2745 of 89 Madhukant Yadu (supra) and subsequently continued by order dated 03.0l.l994 passed by the , Hon’ble Supreme Court in Special Leave Petition (Civil) No. 6892/93 and grant relief accordingly. In View of the foregoing, this petition is disposed of. No order asto costs, Sd/— Satish K. Agnihotri i Judge Sahn I)x DJ