r {^), •?^ 3^i IN THE HQN'BLEHIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER: y / / ^y^/ "5i^ A^/^' ^:/ W. P. (Sl No.'S&SS. /2010 Bharat Singh Dhundhela S/o Ramayan Singh Dhundhela aged about 57 years, Upper Division Teacher, Govt. Higher Secondary School Rahoud (Middle Depot.) Block- Pamgarh Distt. Janjgir- Champa (C.G.) VERSUS RESPONDENTS: 1. State of Chhattisgarh Through: - Secretary, Department ofEducation Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) 2. The District Education Officer, District Janjgir-Champa (C.G.) 3. The Principal Govt. Higher Secondary School Rahoud District Janjgir Champa (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF jCf INDIA •nr>. HIGH COURT OF CHHATTISGARH: BILASPUR SB_: HON'BLE SHRI MANINDRA NIOHAN SHRIVASTAVA.J, PETITIONER Writ Petition (S) No.3622/2010 Bharat Singh Dhundhela Versus RESPONDENTS State of Chhattisgarh & others Petition under Article 226 of the Constitution of India Present: Shri Ashwani Shukla, counsel for the petitioner. Shri Bhakar Payashi, PL for the State. Oral Order (Passedon 21.07.2010) With the consent of the parties, the matter is taken up for hearing finally. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs.150/-. After completion of his probation period, he was granted regular pay scale of 169-300/-. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is as to whether, the petitioner is entitled to regular pay scale with effect from the date of initial appointment or after 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 others v. State of M.P. & 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 hlon'ble Supreme Court in Special Leave Petition (Civil) No.6892/93. The said petition 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. Priya 4. Learned counsel appearing for the petitioner further submits that this Court, while considering the same issue in Amar Sa/ Ram & Others v. Stete of Chhattisgarh & Others (W.P.(S) No.4725/2006) by order dated 01/09/2006, allowed the petitioners to make a representation within a period of ten days, raising all their grievanees. 5. Accordingly, the petitioner is granted liberty to make representation raising all his grievance in the light of the aforesaid judgment and the circular dated 13/01/2009 (Annexure P/2) and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law, on its own merits, within a period of 8 weeks from the date of receipt of the representation, subject to verification of the facts. 6. In view of the foregoing, this petition is disposed off. No order as to costs. _ .. s Sd/- Manindra Mohan Shrivastava Judge