^s ; hi^ Mt*. .liisstjr'ia Prafl^lr^&r njiAfsi lar Tiwari, S,/o. Shri P.P. Tiwari, aged about 58 years, Occupation Teacher, Gov't. Middie Schoo! Nordahara, Biock Karta!a, Distt. Korba (C.G.) Versus Throuah SecreSary, Scheduled Caste and Scheduted Tribe, D.K.S. Bhawan, Raipur, Distt. Raipur (C.G.) 2. The Commissioner, Schedule Tribe and Schedule Caste Deveiopment, Chhattisgarh Raipur (C.G.) 3. The Assistant Commissioner, Tribal Welfare Korba, District Korba (C. Biock Educatton Offtcer, Kartafa, District Korba (C.G.) G.) Stock for the State/ Shri Ashwani Shukia, counsei for the petitioner. Shri Vivek Sharma, Panel Lawyer respondents. WRIT PETiTSON UNDER ARTICLE 226 Of CONSTSTUTiON OF INDiA (15.05.2009) With the consent ofthe parties, the matter is heard finaily. The petitioner is working as a Teacher in the school of Tribal Welfare Department of the State Government. He was initially appointed on probation for fixed period and on fixed salary bv the State Government. Thereafter, his servlces were reguiarized and after completion of probation period he was granted reguiar pay scale from the date of his reguiarization. Grievance of the petitioner is that he is entitled for reguiar pay scale from the date of his initiai appointment. Learned counsel for the petitioners submits that the above issue has been considered by the M.P. State Administratvie Trlbunal, Jabalpur in O.A. No.2745/1989 (Madhukant Yadu and 2 56 others v. State ot M.P. and_others), wherebv it was heid that i+h y scares wnn Tha simiiar situated teachers are entitied to re? effect from the initiai date of their appoi matter was taken up upto the Hon'ble Suprer the appeal was dismissed by the Hon'bie Supre.me Court and the Hon'ble Supreme Court vide order dated 3.1.1994 passed in S.L.P. (C) No. (2) 6892/93 finally dlsmlssed the appeai of the State Government. it was further araued that the State Government vide order dated 27.12.2008 passed by the Department of Scheduled Caste and Scheduled Tribes has aranted approvai to pav regular pay scale to at! the Dv. Teachers/Assistant Teachers/Teachers who were appointed before 1982 and after 1995 from the date of initial appointment after their successfut completion of probation period. The case of petitioners is squareiy covered by the order dated 12.2.2007 passed by this Court in W.P.(S) No.813/2007 (Ram Kumar Sahu where reaular pav scaie was granted with effect from the initiai date of appointment. On the other hand, counse! for the State appearing for the State submitted that only such teachers who were appointed between 1982-83 to 1994-95 are entitied to aet the benefit of regular pay scale from their initiai appointment after successful comDletion of two vears probation period. However, when counsel for the State was confronted with the latest memo No. F- 14-25/2007/25-1 dated 27.12.2008 Issued by the State Government, he did not dispute that the teachers who were appointed even before 1982-83 and after 1994-95 are also entitied for reaular pay scale from the initial date of the'r apDointment. Having heard learned counsel for the parties, having - reaard to the memo No. F-14-25/2007/25-1 dated 27.12.2008 issued bv the scheduled castes and scheduled tribes department of the State Government and the decision of this Court dated 12.2.2007 passed in W.P. No. 813/2007 (Ram Kumar Sahu v. State of Chhattisgarh and another) (supra); the order dated 27,6.2007 passed in W.P.S. No. 3566/2007 (Loknath Patel v. State of Chhattisgarh and others), the petition is ailovi/ed in terms of aforesaid iudaments. Sd/- Pritinker Diwakar Judge ,' •i-/\'