%!'09 HIGH COURT OF CHEATTISGARH AT BILASPUR PETITIONERS WRIT PETITION (S) No. 267 of 2008 . Punan Ram Jagat, S/o Shri Budhwaram Jagat, aged abaat 51 years, Upper Division Teacher, Government Middle School: Ratanmahakg Block -— Kharsia, District — Raigarh (C.G.) 2. Bhagwat Lal Patel, Slo Shri Motichand Paiel, aged about 57 years, Assistant Teacher, Governmnt Middle Sxchool, Turekela, Block a Kharsia, District ~ Raigarh (C.G.) VERSUS . State of Chhattisgarh Through Secretary, Education Department, D.K.S. Bhawan, Raipur (C.G.) _ 2. The Director, Public Instruction Department, Raipur, (C.G.) . Assistant Commissioner, Tribal and Welfare Department, District ~ Raigarh (C.G.) ' 4. Biock Education OEicer, Kharsia, District ~ Raigarh {C.G.) WRIT PETITXON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Anil Mourya, Advocate for the petitioner. Miss Sunita Jain, Panel Lawyer for the State/respondents. ORAL ORDER (Passed on 14m day of January, 2008) The petitioners were appointed on 19.07.1974 on probation for a period of two years as Assistant Teacher on a fixed pay of Rs. 100/-. Atter completion oftheir probation, they were granted regular pay scale. 2. 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 effect from the date of initial appointment or alter completion of probation period. _. ‘3. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 othersVs. State of M.P. & Others), wherein it was held that the similarly situated teachers are entitled to regular pay scale with \ ’ eifect from the date of initial appointment. The maner 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 eEect that the Teachem/Assistant Teachers are entitled t0 regular pay scale from the date of initial apyointmem. Learned counsel appearing for the petitionem further 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 eh‘ect from ) the date ofinitial appointment. 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 & Others Vs. State Govt. of Chhattisgarh 8c another (supra). in View of that, this petition is aliowed in the same terms, subject to 5Z5 verification ofthe facts. No order asto costs. , 1 Sd/_ Satish K. Agnihntri Judge “l 1 J Amit