HIGH coum OF CHHA'rnseARH, nlLAspuR mags; m), $520 a: 2007 PETITIONERsS 1. 10 11. ‘ 12. §\ Dau Lal Uike, S/o Shri Sukh Ram Uike Age about 51 ycam, Head Master, Govt. Middle School, Badegouri, Distt. Kanker (C.G.) Lila Ram Netam, S/o Shn‘ Vida Singh Netam, Age about S2 years, U.D.T.Govt. High School, Bhanitola, Distt‘ Kaukcr (C.G.) lshwari Verma, Slo Shri Pym‘i Ram Velma, Age about 56 years, Asstt. Teacher, Govt. Primary School, .Padampur, Distt. Kankér (C.G.} Hinchha Ram Vanna, S/o Shri Mansa Ram Verma, Age about 59 years, Asstt: Teachm“, Govt. Middle School, Katiha Distt. Kankor (C.G.) Moti Ram Thakur, S/o Shn' Nand Lal Thakur, Age about 50 years, Locturer, Govt. G.Hr. Sec. School, Charama, Distt. Kanker (C.G.) Devendra Kumar Verma, S] o Shn‘ Kunu Ram Verma, Age about 50 years, U.D.T. Govt. Middle School, Badegoun‘, Distt. Ranker (C. G.) Shiv Prasad Netam, S,’ o Shri Bhaghathi Netam, Age about 52 years, U.D.T. Govt. Middle School, Anvari, Distt. Kanker (C.G.) Shankar Lal Thakur, 3,10 Shri Pxit Ram Thakur Age about 52 years, Asstt. Teacher, Govt. Primmy School, Khairvahi, Distt. Kanker (C. G.) Vide Singh Shon', S/o Shn' Jagat Ram Sheri, Age about 54 years, U.D.T. Govt. Middle School, Sirsida. Distt. Kanker (QGJ Gouram Kaushik, Slo Shri Dau Ram Kaushik, Age about 52 years, U.D.’1‘. Govt. Midille School, Ratesasra, Distt. Kanker(C.G.) Ghanshyam Singh Gota, S/o Shri Kunwar Singh (iota, Age about 53 yeaxs, l,I.D.T. Govt. Middle School, Charbhata, Distt. Kanker (C.G.) Bhagat Ram Badai, Slo Late Shri Ram Ramdhan Badai, Age about 51 years, U.D.T. Govt. Gr. Hr. Sec. School, Charama, Distt. Ranker (C.G.) Chandrashekhar yadav, S/o. Shn' Prabhu Ram Yadav, Age about 5'2 years, U.D.T. Govt. Hr. Sec. ‘Bo's School, Bharama, Histt. leanlcer Ho‘. la. W07 VPK(S).N0.6620/2G 14. Kallhaiya Singh Thakur, S/o Shn' Dariyav Singh Thakur, Age about 52 yaarg, U‘D.T.,. Govt Hr. SEC. School) Lil€jhar, Distt. Kanker (C.G.) 15. Pr€et Ram Kangc, S/o Shli Guha Ram Kangc, Age about 52 years, U.D.T., Govt. Middle School, Chapeli. Distt. Kanker (C. G.) 16. Amn‘t Lal Range, S/o Late Shri Dhan Singh Kange, Ags about 53 years, Asstt. Tcacher, Govt. Primary Schoo}, Kashipur, Distt. Kanker (C.G.) 1’7. Pumshcxttam 4mg}; Som, Sio Shri Ram Som, Age about 5G years, U.D,'I‘., Govt. Hr. Sec. School, Puri, Di$tt. Kanketr (C.G.) 18. Narad Ram Kangc, Slo Manglu Ram Kange,. Age aBout 53 years, U,D.T., Govt. Middlc School, Kaliha, Distt. Kankcr (C. G.) 19. Lakhan Lal Natam, Slo Shri Tulsi Ram Netam, Age about 53 years, Asstt. Teacher, Govt. P‘rimary School, Ratesara Distt. Kankcr (C.G.) 20. Sudaxshem Sahu, S/o Shri Prabhu Ram Sahu, Age about 53 years, Head Mastsr Janpad Pdmaxy School, Urdkurda, Distt. Kanker (C.G.) 21. Smt. indira Athnem, Slo Shxi Gulab Ram Athncrc, Age about 52 years, U.D.T., Middle School, Govindpur (Annapurnapara), Distt. Kanker (C.G.} Versus RESFONDENT$ 1. State Government of ‘Chhatiisgarh, through Secretaxy, Tribal 8r. Education Department, .K.S. Bhmvan, Raipur (C-G‘) 2.. District Education Officer Distt. Kanker (C.G.) 3. Asstt. Commissioner Tribal Welfare Department, Kanker 4. Treasmy, Accounts & Pension Kanker (C.G.) WRIT PETITION UNDER ARTICLE 225 OF THE CON3TITUXON 3F INDIA 7 r; D W.P.(S ).Nn.6620/2007 Aypearance: Shri Somkant Vanna, counsze1 far the petitionars. Shri Satish Gupta, Daputy Govt. Advocate for the Sfatql respomlents on advance copy. ’ ' ORAL ORDER (01.11.2007) SUNIL KUMAR SINHA, J. Heard. Learnezd counsel for the petitionars submits that the issue: invmvgd in the case i§ as to whafhar tha petitioners are entitled to regular pay scale wve.f., the date of initia! appointment or from the date of complction. 0f pmbation period. He submits that fha issue: involved herein was consirlered hy the: Madhya Pradesh‘ State Administmtive Trihunai, Jabalpur in. O.A.No.2745/89 (Madhukant Yarin and 56 others: Vs. State of MP. & others) wherein it was held that similarly situafed teacherS are entitied to regular pay scale w.e.f. the date of initial appointment. The matter had travelled to Supreme Court by Special Leave Petition (Civil) Nofi892] 93. The said petition was dismissed by the Hon’ble Supreme Court upholding the decision of the Txihuual to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment. Learned. counsel for the petitioners anther submits that this Court, while considering the same issue in Ram Kumar Sahu {in others —Vs- State Govt. of Chhattisgarh 8n another (W.P.(S) No.813 of 2007) hy order dated 1.2.2.2007; has granted regular pay scale w.e.f. the date of initial appointment. Learned counsel for the parties jointly submit that this case is squarely covered hy the decision. of this Court in, the ease of Ram Kumar Sahu, and, another (supra). In View of that, this petition is allowed in the same terms. However, this order shall he subject to all verifications heing made by the State regarding facts pleaded in the petition; l l l Sunil Kumar Sinha i i , fl ‘ y)‘ 3d!— Judge