HIGH COURT OF CHHA’I‘TISGARH AT BILASPUR WRH‘ PETITloN (S) No. 238 of 2008 PETITIONERS : 1. Suresh Kamar Moure, S/o Makhan Lal Moure, aged about 55 years, Assistant Teacher, Government Primary School, Sajapali, Block - Kharsia, District ~ Raigarh (C.G.) 2. Jetram Rathiya, S/o Shri Ka&kadi Ram Rathiya, aged about 52 years, Upper Division Teacher, Government Middle School, Nahmpali, Block — Kharsia, District —— Raigarh (C.G.) State of Chhattisgarh Through Secretary, Education Department, D.K.S. Bhawan, Raipur (C.G.) 2. The Director, Public Instruction Department, Raipur, (C.G.) VERSUS H 3. Assistant Commissioner, Tribal and Welfare Department, District ~ Raigarh (C.G.) 4. Block Education OEwer, Kharsia, District w Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CON STITUTION OF INDIA SB: Hon’ble Shri Satisll K. Agnihotri. J. Present: Shri Anil Mouryag Advocate for the petitioner. Shri Ajay Dwivedi, Panel Lawyer for the Statefrespondentsi ORAL ORDER (Passed on 14m day of January, 2008) l. The petitioners were appointed on 03.01.1978 on probation for a period of two years as Assistant Teacher on a fixed pay of Rs. 150/-. Mor completion ofthelr probatiom they were granted regular pay scale. Learned counsel appearing for the petitioners submits that the issue involved in the case is asto Whether, the petitioners are entitled to regular pay scale with eifect nom the date of initial appointment or after completion of probation period. 3. The issue involved herein was considered by the Madhya Pradesh State x"; Administrative Tribunal, Jabalpur in 0.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & Others), wherein it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to l the Hon’ble Supreme Court. The appeal was dismissed by the Hon’ble Supreme Court upholding the decision of the Tribunal to the eifect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date ofinitial appointment. Learned counsel appearing for the petitioners thither 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 of 2007, by order dated 12.02.2007, has granted regular pay scale with etl'ect 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. J Satish K. Agnihotri Judge Amit Sd/- 2‘ ‘l @