C^L/'^^_ IN THE HON'BLE HI6H COURT OF CHHAmseARH AT BILASPUR (C.fi.) W.P. (S) N0. ^yi /2010 PETETCONER °..^ ^s ^••"^: \^w^^ ,*' '^-•'i ^-^" ^> .'^ ^^^ :'^>" sf RESPONDENTS .^yy^ /: Chandrika Prasad Sdhu, aged about 53 years, S/o Late Sukhiram Sahu, Upper Division Teacher, Government Higher Secondary School, Rajgamar Block Korba , Distt. Korba (C.G.) VERSUS /l. State of Chhattisgarh Through Secretary, School Education Department b.K.S. Bhawan, Raipur (C.&.) ^ 2. TheCommissioner School Education Department Raipur (C.6.) y-3. District Education Officer, Korba District-Korba (C.6.) 4. Principal 6overnment Higher Secondar'y School Rajgamar, District- Korba (.C.G.) WRIT PETTTION UN&ER ARTICLE 226 OF THE CONSTITUION QF INDIA HIGH COUFtT OF CHHATTISGARH : BILASPUR Sinale Bench: Hon'ble Shri Manindra Mohan Shrivastava, J. PETITIONER RESPONTCNrS WFUT PETITIC»1(S) N0.37KV2010 Chandrika Prasad Sahu Versus State of Chhattisgarh and Others WRIT PETITION UNDER ARTICLE 226 OF THE CONSITUTION OF INDIA Present: - Shri K. S. Pawar, counset for the petitioner. Shri Satish Gupta, Govt. Advocate for the State on advance copy. ORAL ORDER (Passed on 23rd July, 2010) The petitioner was initially appointed as Deputy Teacher in the year1976 in Basic Training Institute on a fixed pay of Rs.100/-. After comptetion of probatfon period, he was granted regular pay scale. 2. Learned counsel appearing for the petitioner submitted that the issue involved in the case is as to whether the petitioner is entitted to regular pay scale with efiFect from the date of initial appointment or after completion of probation period. 3. The issue inwlved herein was considered by the Madhya Pradesh State Administrath/e Tribunal, Jabalpur in O.A.hto.2745/89 (Madhukant Yadti and56 Ofhers v. State ofM.P. & ottiers), wherein it was held that the simflarly situated teachere are entitled to regutar pay scale with eflect from 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 Teachere/Assistant Teachere are entitled to regular pay scale from the date of initial appointment. ff-' £"^ ^» ^s ** •V •-•••• •^.^s-y Tuman& 4. Learned counsel appearing for the petitioner further submfts that this Court, while considering the same issue in Ram Kumar Sahu & others v. State Govt of Chhattisgarh & Another, W.P.(S).No.813 of 2007, by order dated 12/02/2007, has granted regular pay scale with effect from the date of initial appointment. 5. Leamed 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 (supra). 6. In view of that, this petitfon is allowed on the same terms, subject to verification ofthe facts. No order as to costs. »<i» ^^^y" ^ ^aft ^^^