"^ <y\l COURT OF CHHATTISGARH AT BILASPUR. WRnLPET!TIQ?LCSl No, 473 of 2008 PETITIONER : Suraj Lal Nishad S/o Shri Jagamiath Nishad, Age aboirt 39 years, Asstt. Teacher, Oovt. Primary School, Boria, Distt. - Durg (C.G.) VERSUS RESPONBENTS : 1. State Govemment of Chhattisgarh, Through : - Secretary, Education & Tribal Departme^t, D.K.8. Bhawan, Raipur (C.G.) 2. District Education Officer, Bemetara, Distt. - Durg (C.G.) WMTPETITIONUNDERARTICLE2260FTHECON8TmJTIONQFmDIA SB: Hon'ble Siiri Satish K. Agmhotri, J. Present: Shri Somkant Veniia, Advocate for the petitioner, Shri P.K.Bhaduri, Patiel I^wyer fbr fhe State/respotidents. QRALQRDER (Passed on 23r(t day of June, 2008) With the consent ofthe parties^ the matter is taken up for hearing finally. 1. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs. 500A-, After completion of probation period, he was granted regular pay scale. Leamed counsel appearmg for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitledto regularpay scale w,e.fl the date initial appointment or after completion ofprobation period. 2, The issue invoh^edg herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 ofhers Vs. State of M.P. & ofhers), 1wherem it was Md fhat the similarly situated teachers are entitled to regular pay scale w.e.£the date of initial aDDointment. The matter was taken UD to Hontble SuDreme Court in Special I^ave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme Court upholding tfao decision ofthe Tribimal to fhe effect that the Teachers/Assist.ant Teacfa.ers are entitled to regular pay scale from date ofimtial appomtment. 3. In view ofthe above stated submissions made by leamed counsel for the parties, the writ petition is disposed of in ttie same terms i.e. the petitioner is granted liberty to make a representation, if so advised^ to consider his case, ifhe stands cn the same tootmgs as per order dated 24,08.1992 by the Madhya Pradesh State Administrative TribunaL Jabalpun in O.A. No. 2745 of89 Madhukant Yadu (supra) and subsequently confirmed by order dated 03.01.1994 passed by the Hon'ble Supreme Court in Special Uave Petition (Civil) No. 6892/93 and grant reliefaccordingly. - 4. In view offhe foregoing, this'petition is disposed of, No order asto costs. Sd/- SatishK.Agnihotri Judge