IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. ^ l €^b f 2011 PETITIONER .^r^" ^-^^ RESPONDENT .^^^/.. "'^ /' 1 ^. -^ \."^ ;\'fi^ '""''"<< ^' Krishna Prasad Gupta, son of Jagdish Prasad Gupta, aged about 47 years, working as Head Master, Govt. Middle School, Lalati, Block Batouli, District Sarguja (Chhattisgarh) VBRSUS ^ 1. State of Chhattisgarh, through the Secretary Tribal Welfare Departnient Ministry D.K.S. Bhawan, Raipur (Chhattisgarh) 2. Commissioner, Schedule Tribe and Schedule Caste Development, Chhattisgarh, Raipur (C.G.) 3. Assistant Commissioner, Tribal Welfare Sarguja, District Sarguja (Chhattisgarh) 4. .Block Education Officer, Block Batouli District Sarguja (Chhattisgarh) 5. Joint Director, Treasury, Accounts, Sarguja (Chhattisgarh) WRIT PETITION UNDER ARTICLE 226 OF THE CON^TITUTION OF INDIA =T HIGH COURT QF CHHATTISGARH : BIIASPUR B.'B.i Hon^ble Shri Manindra Mohan Shrivastava, J. PETITIONER RESPONDENTS Writ PetitiontSS No.3158/2011 Krishna Prasad Gupta Versus State of Chhattisgarh and others Writ Petition u/A 226 ofthe Constitution oflndia Present: - Shri C.J.K. Rao, coiinsel for the petitioner. Shn N. Naha Roy, Panel Lawyer for fhe State, on advance copy. ORALORDBR (Passed on 22nd June, 201 1} 1. Heard learned counsel for the parties. 2. The petitioner was appointed as Depiity Teacher on a fixed pay of Rs.150/-. After successfulty completmg titie probation periad, he was granted regular pay scale. 3. Leamed counsel appearing for tiie petitioner submits that fhe issue involved in the case is as to whether, the petitioner is entitled to regular pay scale with effect from the date of iuitial appointment or after completion of probation period. 4. The issue involved herein was considered by the Madhya Pradesh State Admmistrative rFribunal, Jabalpur in O.A.No.2745/89 ^Mdjdhuka.nt Ycudu csnd S6 others v. State ^' qf M.P. & others), wherein, it was held ttiat the sim.ilarly 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 in special Leave Petition (Civi!) No.6892/93. The said petition was dismissed by the Hon'ble Supreme Court, upholding the decision of the Tribunal to the effect that fhe Teachers/Assistmit Teachers are entitled to regular pay scale from the date of initial appointment. 5. Leamed counsel appearing for the petitioner fi.u'ther submits that this Court, while considering the same issue in Amar Sai Ram 8s Others v. State of Chhattisgarh 8s Others |W.P.(S) No.4725/2006] by order dated 01/09/2006, allowed ffie petitioners to make a representation witliin a period of ten days, raising all their grievances. 6. Accordingly, tlie petitioner is granted liberty to raaJse a representation raising all his grlevances in light of tlie aforesaid judgment aiid order dated 27.12.2008 (Aiinexure P-3), and in tum, the concerned respondent is directed to decide the representation, if any, in accordance wifh law, on its own merits, withm a period of three months from the date of receipt of tlie representation, subject to veriilcation of the facts. 7. In view offhe Ibregoing, this petition is disposed of. No order as to costs. Praveen Sd/- Manindra Mohan Shrivastava Judge