r^ ^ ^ Petitioner Respondents HiGH COURTOF CHHATTISQARH: B3LASPUR Writ Petition (S) No. 743 of 2008 Ram Gopai Sharma, S/o. Shri Ganesh Prasad Sharma, aged about 49 years, Upper DMsion Teacher. Government Middie Schooi, Potapani, Biock — PaJi Distt. Korba (CG). VCLSUS 1) State of Chhattlsgarh through ~ Secretary, Schooj Education Department, D.K.S. Bhawan, Rajpur (CG). 2) The Director, Public instruction Department, Raipur (CG). 3) District Education Officer, Korba (CG). 4) Block Education OfTicer, Pali, Distt. Korba (CG). 5) Assistant Commissioner, Tribai WeSfare Department, Dlstrict Korba (CG). (Writ Petition under Articie 226 of the Constitution of indla) SB: Hon'bie MT. Satish K. Agnihotri, J. Present: Shrl K.S. Pawar, counsei for the petitsoner. Shri Aiok Bakshi, Govt. Advocate for the State. ORAL ORDER (Passedon 5thFeforuary, 2008) The petitioner was inltiaSly appointed on 4-7-1977 as Assistant Teacher on a fixed pay scaie of Rs. 100/- and thereafter Rs.150/- on probation for a periodof two years. After compietion of probation, the petitioner was granted reguiar pay scaie of Rs. 169-300/- 2) Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether the petitioner is entitled to regular pay scale with effect from the date of initiai appointment or after completion of probation period. Raju 3) Ths issue invoivsd, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A.No.2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others) wherein it was held that the simiiarly situated teachers are entitled to reguiar pay scaie with effect from the date of initiai apposntment. The matter was taken up the Hon'ble Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initla} appointment. 4) Learned counsel appearing for the petitioner further submits that this Court while considering the same jssue in Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and another in Writ PetitSon (S) No. 813 of2007 by order dated 12-2-2007, has granted reguiar pay scale w.e.f. th®date of initial appointment. 5) Learned counsel appearing for the parties jointiy submit that this case is squareiy covered by the decision of this Court in the case of Ram Kumar Sahu and others Vs. State Govt. of Chhattisgarh and another (supra). However, the State is at liberty to verily the facts of appointment asto whether the case of the petitioners is simiiar to that of the order dated 12-2-2007 passed by this Court in W.P(S) No. 813 of 2007 (supra). S) In view of that this petition is ailowed in the same terms i.e., the petitioner is entitled to reguiar pay scate wsth effect from the date of Initiai appointment. No order as to coste. —~ Sd/- Satish K. Agnihotri Judge