HIGH CQURT QP CHHATTISGARH, BILASPUR W.P. (Sl No. 6S43 of 2007 PBTITIONERS ^. /-• 1 Novas Kujoor, S/o Late Sbri Audhiriyas Kujoor, aged about 48 years, Assistant Teacher, Govt. Primaty School - Mahora, Block - Luadra, Distt. - Sui^uja (C.Q.) 2 Harshavardhan Kumar Prajapati, S/o. Shri Bhauwa Ram, aged about 51 years, Assistaut Teacher, Govt. Prunaiy School - Patipara, Block - Ambikapur, Distt, - Surguja (C.G.) 3 Jharpati Siagh, S/'o. Shri Dokari Singh, aged about 48 years, Assistaut Teacher, Govt. Boys Prunary School - Bargawa, Block - Ambikapur, Distt. - Sru^uja (C.G.) 4 Smt. Ohinati Miaj, W/o. Sbri Jiwau Miaj, aged about 48 ycars, Assistaat Teacher, Govt. Pmnary School - Mayapurward, Block - Ambikapur, Distt. - Surguja (C.G.) 5 Sharaa Kujoor, S/o. Shri Dharain Das Kujoor, aged about 48 years, Assistant Teacher, Govt. Pnmaiy School, Nawapara Aara, Block - Raipur, Distt.- Surguja (C.G.) 6 Lalchand Toppo, S/o. Shri Suna ram aged about 51 years, Assistaat Teacher Govt. Primaty School Lawadih, Block - Ambikapur, Distt. Sui^uja (C.G.) 7 Shiy Shaaifcar Praaad Singli, S/o. Late Shri NaadkesharSi&gh, aged about 47 years, Assistaut Teacher, Govt. Middle School - Bai^awa, Block - Ambikapur, Distt. Surguja (C.G.) 8 Sumesh Chaadra Siagh, S/o. Shri Balkeshwar Ram, aged about 46 years, Assistaat Teaclier, Govt. Primaiy School - Harishadand Block - Luadra, Distt. - Surguja (C.G.) 9 Anesius Miuj, S/o. Shri Minsent Minj, aged about 46 years, Assistaat Teacher, Govt. Girls Prunary School - Gajarmunda, Block - Lundra, Distt. - Suiyija (C.G.) W.P.(S)No. 6543/2007 '\ RESPONDBWT8 10 Tiranga Miaj, S/o. Late Panku Miaj, aged about 50 years, Assistaut Teacher, Govt. Primary School - Junadih, Block - Lundra, Distt. - Surguja (C.G.) 11 Sukhram Bhagat, S/o. Shri Makeram Bhagat, aged about 51 years, Assistant Teacher, Govt. Prmiary School - Pahadkhadua, Block - Rajpur, Distt. - Suiyija (C.G.) 12 Vanaspati Singh, S/o. Shri Ledwa Siagh, aged about 50 years, Assistant Teacher, Govt. Primaty School - Siughchora, Block Rajpur, Distfc - Suiyija (C.G.) Versus 1 State of Chhattisgarh, Through - The Secretary Department of Education D.K.S. Bhawaa, Raipur (C.G.) 2 Director PubUc Instruction Chhattisgarh Govt. Raipur 3 District Education Of&cer, Distt. Sui^uja (C.G.) WRIT PBTITION.UNDER ARTICLE 226 OF THB CONSTITUTION OF INDIA Appearance: Shri Arul Singh Rajput, 'couiisel for the petitioners. SIui Rradeep Siugh, Panel Lawyer for fhe State on advance copy. ORALORDBR (31.10.2007) 8UNIL KUMAK SINHA. J Heard. Learaed couasel for fhe petitioners subuiits that the issue iavolved ia the case is as to whether fhe petitioners are entitled to regular pay scale w.e.f. fhe date ofinitial appointment or fK>in fhe date of completion of probation period. He submits ttiat fhe issue iavolved hereia was considered by the Madhya Pradesh State Adinimstrative Tribuiial, Jabalpur in O.A.^No.2745/89 (Madhukant Yadu and 56 ofhers Vs. State of M.P. aad ofhers), wherein, it was held that the smularly situated teachers are entifled to regular pay scale w.e.f. the \ .^ss^. ^^-'•Sil ~t*, f &-.. ':s '%. ^^^^^ Jl s W.P.(S)No. 6543/2007 .<" asst^' ^ ^ date of initial appoiatment. The matter was taken up to fhe Hon'ble Supreme Court in Special Leave Petition (Civil) No.6892/93. The said petition was dismissed by the Hon'ble Supreine Court upholdiag the decision of tfae Tribunal to the effect fhat fhe Teachers/Assistaat Teachers arc entitled to regular pay scale Iroin the date of iaitial appoiatment. Learaed counsel for the petitioners furfher subinits fhat this Court, while considering tbe same issue in Ram Kumar Sahu aud ofhers Vs. State Govt. of Chliatdsgarh and another (W.P.(S) No.813 of 2007) by order dated 12.2.2007, has graated regular pay scale w.e.f. fhe date ofuiitial appoiutment. Learaed counsel for the parties jointly submits that this case is squarely covered by fhe decision of this Court in the case of Ram Kumar Sahu and aaofher (supra). In view of that, fhis petition is aUowed iu the same teilms. However, fhis order snaU be subject to all veiifications made by fhe State regardiag facts pleaded ia the petition. .-fl—- Sd;- ^wz Sinha t vatti »•