EIIGH COURT OF CHti’ATTISGARI-I AT BILASPUR WRIT PETITION (S) No. 297 ot‘2H08 PETITIONERS : '1. Harihar Prasad Patei, \S/‘o Shri Jamnejai Patel: aged abnut 47 years, Assistant Teacher, Janpad Primary School, Sapos, Block — Dabhra, District ~ Janjgir- Champa (C.G.) 2. Vidyadhar Fatal S/o Nanhuram Patel, aged about 46 ‘ years, Assistant Teacher, Goveumient Middle School, Latesara, Block ~ Dabhara, District v Jarxjgir‘Champa (C.G.) 3. Lilambar Prasad Uranv, S/o Shri Rungu Singh Uranv, agenl about 47 yeais, Jaiipad Middle School Banjan‘, Block — Sarangarh: District Raigarh (C.G.) 4. Amrit Lal Bansena, S/o Sln‘i Navrataxi Prasad . 4 <- ‘W r Dansena, aged about 51 yeaxs, Assistant Teacfier, Govei‘mnent Primary School, Naharpali, Block.— Khaisia, District ~ Raigarh (0.6.). VERSUE ESPONDENTS : l. State of Chhattisgarh Through Secretary, Education Department, D.K.S. Blmwan, Raipur (C.G.) R 2. The Director, Public Instruction Depamnent, Raipur (C.G.) 3. Assistant Commissioner; Tribal and Welfare Department, District e Raigarh, (C.G.) 4. District Education Officer, Janjgir-Champa District Jartjgir—Champa (C.G.) 5. Block Education Officer, Kharsia, District — Raigarh (C.G.) 6. Block Education 0&icer Dabhara, District — Janjgip Champa, (C.G.) Sarangarh, District — 7. Block Education Officer, Raigarll (Gil) WRXT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: iion’ble Shri Satish K. Agnihotri, J. ‘ Present: Shri Anil Mourya, Advocate for the petitioner. Shri Arvind Dubey, ?ane1 Lawyer for the State/resporidents. ORAL ORDER (Passed on 14m day of January, 2008) The petitioners were apycinted on 01.11.1980 on probation for a yeriod of two years as Assistant Teacher on a fixed pay of Rs. 150/-. Atter completion of their yrobation, they were gained reguiar pay scale. Learned counsel appearing for the petitioners submits that the issue involved in.the case is asto whether, the petitioners are entitled to \i \ a regular pay scale with effect &om the date of initial appointment or aller completion of probation period. The issue involved herein was considered by the Madhya Pradesh State Adminislrative Tribunal: Jabalpur in O.A. No. 2745/89 (Madhukant Yadii and 56 others Vs. State of MP. & Others), wherein it was held that the similarly situated teachers are entitled to regular pay scale with ‘ effect horn the date of initial appointment. The matter was taken up to the Hon’ble Supreme Court. The appeal was dismissed by the Hon’ble Supreme Court upholding the decision of the Tribunal to the effect that the TeachersfAssistant Teachers are entitled to regular pay scale h'om the date ofinitial appointment. Learned counsel appearing for the petitioners further submits that this Court, while considering the same issue in Ram Kumar Sahu & Others Vs. State Govt. of Chhattisgarh & another, W.P.(S) No. 813 of2007, by order dated 12.02.2007, has granted regular pay scale with etfect h‘om the date of initial appointment. Learned counsel appearing for the parties jointly submit that the case is squarely covered. by the decision of this Court in the case of Ram Kumar Sahu & Others Vs. State Govt. of Chhattisgarh & another (supra). In View of that, this petition is allowed in the same terms, subject to verification ofthe facts. No order asto costs. i‘ sd/_ Satish K. Agnihotri Judge l l , A