^v^ HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (81 No. 6564 of 2007 PETITIONERS ^- 1 Rampal Sahu, aged about 53 years, sou of Shri J^eshwar Sahu, Assistaat Teacher, Govenunent Prunary School - Piparkhuta, Shankul Kendra - Tausir, Vikas Khand - Baramkela, Tahsil SarangaTh, District Ra^arh (CG) (Sl.no. 13 Aiuiexurc P-1A Dt. 31.1.1981). 2 Nehm Lal Naik, son of Shri Milap Siagh Naik, aged about 46 years, Assistant Teacher - Govt. Higher Secondary School - Baramkela, Post - Baramkela, Distt. Raigarh (C.G.) (Sl. No 12Aimexure P-1B Dt. l.lL_1980'j 3 Nityaaaud Patel, aged about 51 years, son of Shri Jotram Patel, Assistant Teacher, Govenunent Pnmary School - Bengchi, Vikas Khand Baramkela, Tah. Sarangarh, Distt. Ra]^arh(C.G.) (Relevant paee of service book Anuexure P-1C, appointment dt. 27.3,81). 1 Versus 1 State of Chliatdsgarh, through - Secretaiy, Department of School Education, Dau Kalyau Singh Bhawan, Raipur (C.G.) 2 District Education Officer - Ra^arh (C.G.) WRIT PETITION UNDER ARTICLE 226 OP THE CONSTITUTION OF Appearaace:. SIui A.N. Bhakta, couusel for the petitioners. Shri Suiiiit Verma, Panel Lawyer for fhe State on advance copy. ORALORDER (02.11.2007) SUNIL KUMAR SINHA, J Heard. Learued counsel for the petitioners subinits fhat the issue involved tn the case is as to whether the petitioners are entitled to W.P.(S)No. 6564/2007 ^ regular pay scale w.e.f. the date ofirutial appointment or fi-oin fhe date of conipletioa of probation period. He subinits that fhe issue uivolved hereia was considered by fhe Madhya F'radesh State Admiiiistrative Tribuaal, Jabalpur in O.A. No. 2745/89 (Madhukaat Yadu aad 56 others Vs. State of M.P. and others), wherein, it was held fhat the siTnflarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointnient. The inatter was taken up to the Hon'ble Supreme Court in Special Leave Petition (Civil) No.6892/93. The said petition was dismissed by the Hon'ble Supreine Court upholdiag fhe decisiou of tbe Tribuaal to fhe effect fhat the Teachers/Assistant Teachers are entitled to regular pay scale froni the date of iiutial appoiatment. Leamed counsel for fhe petitioners furfher subinits fhat fhis Court, wlule considering the same issue ia Ram Kumar Sahu aad others Vs. State Gdvt. of Chliattisgarh and another (W.P.(S) No.813 of 2007) by order dated 12.2.2007, has graated regular pay scale w.e.f. fhe date of iDitial appoititnient. Learaed counsel for the parties joinfty subinits that fhis case is squarely covered by fhe decisiou of fhis Court ia fhe case of Ram Kumar Sahu aad aaother (supra). In view of fhat, this petition is aUowed ia the same terrus. However, fhis order shall be subject to aU vert&cations inade by fhe State regarding facts pleaded in fhe petition. Sd/- Sunil Kumar Sinha Judge -vatti