HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition (S) No. 7281 of2007 PETITIONERS RESPONDENTS 1. Banshidhar Patel, S/o Shri Nanhu Ram Patel, aged about 51 yeare, Upper Division Teacher, Government Higher Secondary School, Gorpar, Block - Kharsia, Distrtet Raigarh (C.G.) 2. Moti Ram Patel, S/o Shri Hemnarayan Patel, aged about 51 years, Assistant Teacher, Govemment Primary School, Putidih, Block ESabhara. District Janjglr- Champa (C.G.) Versus 1 State of Chhattisgarh, Through Secretary, School Edueation Department, D.K.S. Bhawan, Raipur (C.G.) 2 The Director, Public Instruction Department, Raipur (C.G.) 3. Assistant Commissioner, Tribal & WeHare Department, Ra^arh (C.G.) 4. Block Education Officer, Kharsia, District Raigarh (C.G.) 5. Block Education Officer, Dabhara, District Janjgir - Champa (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance: ^- Shri Anil Mourya, Counsel for ttie pefitioners. Shri Ajay Dwivedi, Panel Lawyer for the State on advance copy. ORAL ORDER (10.12.2007) SUNILKUMARSINHA.J Heard. Learned counsel for the petrtioners submits that the issue invoh/ed in the case is as to whether the petitioners are entitled to regular pay scale w.e.f. the date of initial appointmerrt or from the date of completion of probation period. He submits that the issue tnvolved herein was considered by the Madhya Pradesh State Administrative Tribunal, W.P.(S)No.7281/2007 Shyna Jabalpur in O.A. No.2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. and others), wherein, it was held that the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court In Special Leave Petitlon (Civil) No.6892/93. The said petition wasdismissed bythe Hon'bte Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scate from the date of initial appointment. Leamed counsel for the petitioners further submits that this Court, white considering the same issue in Ram Kumar Sahu and others \/s. State Govt. of Chhattisgarh and another (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 Uiat ttris case is squarely covered by the decision of this Court in thecase of Ram Kumar Sahu and another (supra). Inview ofthat, this petition is allowed in the sam®terms. However, this order shall be subject to all verificaUons made by the State regarding facts pieaded in the petidon. Sd/- Sunil Kumar Sinha Judge S^^SSss^^