^^ ~ »- Khilawaii Raiu Saliu, Age about 37 years, Assist&nt Teacher, S/o Sliri Kislinu Ram Sahu, Primar)' School Dasharaiigpur, District Kabirdham (C.G.5 State Govt. of Clihattisgarli, Through Secretary, Tribal Welfare Department & Education Departinent, D.K.S, Bhawaa, Distiict Raipur (C.G.) District Education Of&cer, Kabirdham, District Kabirdliara (C.G.) WRITPBTITiON UMDSR ART!CLE2a6_QF THE COMSTITUTION Sbri Ajay Shrivastava, Counsel for fhe petitioner. Shri A.S. Kaclifawaha, Govt. Advocate for the State on advance copy. (09.10.2007) Heard. Leai-ned counsel &r tlie petitioner submits tliat tlie issue involved m. fhe case is as to whetlier the petitioner is eatitled to regulai' pay scale w.e.f. fhe date of initial appoint.ment or fi'oni fhe date of coinpletion of probatioa period. He submits that tlic issue involved hereia was considered by fhe Madhya Pradesh State Administrative Tribunal, .Jabalpur in O.A. No.2745/89 (Madhu-lcaat Yadu and 56 ofhers Vs. State ofM.P. aad others), whereia, it was Iield fliat tlie similarly situated teachers are entitled to regulai- pay scale w.e.f. fhe date of iiutial appointment. The iaatt.er was taken iip to fhe Hon'ble Supicine Court. ia Special Leave Petition (Civil) N0.6892/93. The said petitioii was disiuissed by fhe Hoii'ble Supreine Court upholdiiij tlie decision of fhe Tribunal to fhe effect tliat fhe EH: W.P.(S) No.6107 of 2007 ^ Shyna Teachers/Assistaiit Teachers ai-e entitied to regular pay scale froiu fhe date of iiiitial appoiiitment. LeaiTied couiisel for fhe petitioner further subiuits fhat fhis Court, while consideruig fhe same issue in Ram Kum.ar Sahu and others Vs. State Govt. of Chliattisgarh aiid aaotlier (W.P.(S) No.813 of 2007) by order dated 12.2.2007, has gi^mted regular pay scale w.e.f. tihie date ofiuitial appohitment. Leamed couasel for fhe parti.es joiaUy subinits fhat tiiis case is squarely covered by fhe decision of fhis Court tc. the case ofRam Kumar Saliu and aiiofher (supra). In view ofthat, fhis petition is allowed iu the saine tei~rns. However, fhis order shall be subject to ail verifications niade by the State regarding facts pleaded ia fhe.petition. Sd/- Sunil Kumar Sinha Judge ^-