/@ ‘H‘HRI CQUR’T (H? CHHA’I"'I‘ISGARH AT gilASPEJR WRIT PETI‘HON (S) No. 294 of 2008 PETITIONER : Phulchand Dansena, S/o Shn' Prahlad Dansena, aged about 46 years, Assistani Teacher, Government Primary School, Charpara, Block -— Kharsia, District — Raigarh (C.G.) ‘ RESPONDENTS : L State of Chhattisgarh Through Secretary, Education Department, D.K.S. Bhawan, Raipur (C.G.)' 2. The Director, Public Instruction Depanmem, Rajpur, (ca) 3. Assistant Commissioner, Tribal and Welfare Depmment, District - Raigarh (C.G.) 4. Bioek Education Omcer, Khmia, District — Raigarh (CG) WRIT PETITION UNDER ARTICLE 226 OF THE CON STITUTION OF INDIA VERSUS SB: Hcn’ble Shri Satish K. Agnihotri. J. Present: Shri Anil Mourya, Advocate for the petitioner. Shri Arvind Dubey, Panel Lawyer for the State/respondents. ORAL ORDER (Passed on 14“; day of January, 2{)08) The petitioner was appointed on 14.1 1.1979 on probation for a period of two years as Assistant Teacher on a fixed pay of Rs. 150/-. Atter compietion ofhis probation, he was granted reguiar pay scale. Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitied to regular pay scale with effect from the date of initial appointment or atter completion of probation period. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in 0.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of MP. & 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 the Hon’ble‘Supreme Court. The appeal was dismissed by the Hon’ble // \KV \ , Supreme Court upholding the decision of the Tribunal to the eEect that the Teachers/Assistant Teachers are entitled to regular pay scale tiom the date ofinitial appointment. Learned counsel appearing for the petitioner further submits that this Court: While considering the same issue in Ram Kumar Sahu & Others Vs. State of Chhattisgarh & another, W.P.(S) No. 813 of 2007, by order dated 12.02.2007, has granted regular pay scale with effect horn the date of initial appointment. Learned counsel appearing for the parties jointly submit that the case is squarelv covered by the decision of this Court in the case of Ram Kumar Sahu & Others Vs. State ofChhattisgarh & another (supra). In View ofthat, this petition is allowed in the same terms, subject to verification ofthe facts. No order asto costs. W Sd/ Judge 12F ii Satish K. A-gnihotri