IN THE HON’BLE HIGH COURT CHHATTISGARH AT BILASPUR C.G. W.P. (S) No...i.f.5..‘?§../....2011 PETITIONER /"' CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OR ) MANDAMUS[DIRECTION OF OTHER APPROPRIATE WRIT. W .."‘-r Bhoi, S/o Shri q] y“/ Ratnakar Bhoi, Aged 55 Years, (920% wwxg” .WN‘ U.D.T., Habekata Block Basna District Mahasamund § ";‘*\\¢‘% ‘&<\% V‘Q‘os°“; ........... (CG) VERSUS we ‘ RESPONDENTS /~(1) The State Govt. of Chhattishgarh, Through — The Secretary, School Education Department, D.K.S. Bhavan, Raipur (C.G.) / (2) District Education Officer, Mahasamund, District Mahasamund ( C.G.) WRIT PETITION C.G.) ’ HIGH COURT OF CHHATTISGARH : BILASPUR S.B.: Hon’ble Shri Manindra Mohan Shrivastava, J. Writ Petition (S) No.4575/201 1 PETITIONER Vibhishan Bhoi Versus RESPONDENTS State of Chhattisgarh and another Writ Petition uIA 226 of the Constitution of India Present: - Shri Somkant Verma, counsel for the petitioner. Ms. Smita Ghai, Panel Lawyer for the State/respondents on advance copy. ORAL ORDER (Passed on 12‘“ August, 2011). With the consent of Iearned counsel for the parties, the matter is heard finally. 1. The petitioner was appointed as: Assistant Teacher on a hxed pay of Rs.100/-.-After successfully compieting the probation period of 2 years, he was granted regular pay scale. 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.2745l89 (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 Hon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. Tumane 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. 4. Learned counsel appearing for the petitioner further submits that this Court, while considering the same issue in Amar Sai Ram & Others v. ,NQState 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 grievances. 5. Learned counsel for the petitioner further submits that now the State Govt. has issued an order on 5‘“ January, 2011 (Annexure P-5), wherein, it has been ordered that those who have been appointed before 1982 and after 1995 on a fixed pay, are entitled to regular pay scale from the date of initial appointment upon successful completion of 2 years period of probation. 6. Accordingly, the petitioner is granted liberty to make a representation raising all his grievances in light of the aforesaid judgment and circular dated 5.1.2011 (Annexure P/5), 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 three months from the date of receipt of the representation, subject to verification of the facts. 7. In view of the foregoing, this petition is disposed of. No order as to costs. “wow. Sd/- I Manindra Mohan Shrivastava Judge