HIGHCOURT OEGHHATTISGARHATBIIASPUR WMTTETITION (S} No. 83 of2( PETITIONERS 1) Vidyadhar S.ao S/o Bacha Ram Sao, Aged'about 48 years, Assistant Teacher, Primary School Jewaridih, Block- Pusour, District Raigarh (C.G.) 2) Shuklamber Prasad Patel S/o Doulat Ram Patel, Aged about 47 years, Assistant Teacher Primary School Karichhapar, Block Pusour, District Raigarh (C.G.) 3) Padmanabh Sidar S/o Damodar Sidar, Aged agout 4€ years, Assistant Teacher, Middle Sehool Netnagar, Block Pusour, District Raigarh (G.G.) 4) Spudagar Chouhaii S/6 Late Doulat Rain Aged about 46 years, Assistant Teacher, Primary School Basanpali, Block Pusour, Distfict Raigarh (C.G.) 5) Bhureshwar Sabis 8/0 Bairi Singh Sahis. Aged aboyt 46 y ears, Assistant Teacher Primary Schbol Malda Bl.ockPusour, DistrictRaigarii(C.G.) 6) Goutani Prasad Sidar, S/o Vishikeshaa Sidar, Aged about 47 years,-Teacher, Hi^ier Secondary School Kodpali, BlockPusour, DistrictRaigarh(C.G.) 7) Lusa Ram Barik S/o Munnu Ram, Aged about 53 yeara, Assistaiit TeaeherPrimary Schpol - Lohaklian, Block Pusour, District Raigarh (C.G.) 8) Leela Ram Sidar Si'o Deriha Sidar Aged aboyt 44 years, Teacher, Higher Secondar^' Schol - Kodpali, BloekPusour, DistrictRaigarh(C.G.) 9) PuranSingh Uraon, S/o Budlu Uraon, aged about49 years, Teacher, High Seliool Chhiclihour, Umariya, BlockPusour, DistrietRaigarh (C.O.) VER8US 1. State of Chhattisgarh, Through: The Secretary, Sehool Edueational Departinent D.K.S. Bhawan, Raipur Distriet - Raipur (C.G.) r 2. The Director, Public Iiistructions, D.K.S. Bawan, Raipur, District Raipur (C.<j.) 3. Distriet Education QfBcer, District Raigarh (C.(j.) 4; Bloek Education Qfficer, Block Pusour, District Raigarh(C.G.) , : , • WRIT PETmONUNDERAR'nCU 226 OF THE CONSTITUTION OF INDIA SB:1Ion'Ue ShnSatishK.AgBihotri,.). . Shri Sanjay Patel, Advocate fortfae petitioners. Miss Suiiita Jain, Paiiel Lawyer forthe State/resppndents. ORALORDER (Passed on 08m dayof January,2008) Leamed eounsel appearing for the petitioners submits that the petitioners were appoiated asAssistantTeachersona fixed pay scale of Rs. 150/- fbr a prob^ion period of three years. Thereafter, ther \ • : •;. ? .'..;:-;- .;^:: / •:.-' ' m1 .. ' :; :•:;'.?: 'RESPO^TDENTS -/ petitioners were granted regular pay scale after completion of their probation oeriod. The issue inyolved in fhis case is asto whether the petitioners are entitled to regular pay scale from the.date of initial appointmerit or from the date ofcompletion of probation peiiod. He submifs that fhe issue involved herein was considered bythe Madhya Pradesh State Admmistrative Tribunal, Jabaipur in O.A. No. 2745 of 89 (Madhukant Yadu and 56 others Vs. State ofM.P. & Othare), wherein it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date ofmitial appointment. The matter had traveledtoHon'bleSupTemeCDurtinSpecialLeavePetition(Civil)No. 6892/93. The said petition was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribianal to flie effect that the Teachers/Assistant Teachers are entitled toregular pay scale from the date ofinitiai appointment. 2. Leamed counsel for the petitioners fiirther submits that this Court,while considering the same issue in Ram Kumar Sahu and ofhers Vs. State Govt. ofChhattisgarh and another [W.P.(S) No. ^13 of 2007] by order dafed 12.02.2007, has granted regular pay scale with effect from the date ofinitial appointment. 3. Leamed counsel for the parties jointly submit that this case is squarely covered by the decision of fhis Court in the case of Ram Kumar Sahu ^ aad another (supra). 4. Inview ofthat, this petitionis allowedin tliesame temis. However,this order shaU be sulyect to all verifications made by the State regarding faetspleadedm'tfaepetition. . /' Sd/- Satish K. Agnihotri Judge 1 ^::;^ ilhll y