^ HIGH COURT OF CHHATTISGARH. BILASPUR W.P.(SlNo.7250of2007 PETITIONER Kanhaiya Lal Jain, age about 46 years, Assistant Teacher, S/o Shri Ghanshyam Jain, Primary School Gadhiyapara, Lakhanpuri, Block Charama, District Kanker(CG) Vrersus RESPONDENTS 1 State Govt. of Chhattisgarh, Through : Secretary, Tribal Welfare Department & Education Department, D.K.S. Bhawan, District- Raipur (C.G.) 2 Tribal Welfare Department, Kanker, District Kanker(CG) 3 Block Education Officer, Charama, District Kanker(CG) 4 Treasure, Accounts & Pension, Charama, District Kanker(CG) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance: Shri Ajay Shrivastava, counsel for the petitioner. Shri Ajay Dwivedi, Panel Lawyer, for the State/ respondents on advance copy. ORALORDER (07.12.2007) SUNIL KUMAR SINHA. J. Heard. Learned counsel for the petitioner submits thatthe issue involved in the case is as to whether the petitioner is entitled to regular pay scale w.e.f. the date of initial appointment or from the date of completion ofprobation period. He submits that the issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in OA.No.2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), wherein, it was heldthat the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition 1 W.P. (Sl No.7250 of2007 was dismissed by 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 the date of initial appointment. Learned counsel for the petitioner 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 12.2.2007, has granted regular pay scale.w.e.f. the date of initial appointment. Learned counsel for the parties jointly submit that this case is squarely covered by the decision of this Court in the case of Ram Kumar Sahuand another (Supra). In view ofthat, this petition is allowed in the same terms. However, this order shall be subject to all verifications made by the State regarding facts pleaded in the petition. \ Sd/- Sunil Kumar Sinha | Judge I sunita f"