'•rf I Singte Bench IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION (S) N0. ^\^5 OF 2011 PETITIONER RESPONDENTS ^v^ ^.^^ J-^y^ ^y>-^ v^~ •^' 1.r 2. 3. Vijay KumarSahu, son of Late Ram Shiroman Sahu, aged about 51 years, Working on the post of Headmaster, Government Middle School, Malga, Block-Bhaiyathan, District-Surguja (Chhattisgarh) VERSUS State of Chhattisgarh, through: The Secretary, Tribal Development Department, D.K.S. Bhawan, Raipur, District Raipur (C.G.). The Commissioner, Tribal Development Department, Raipur, District-Raipur (C.G.) e^ The Assistant Commissioner, Tribal Development Department, Ambikapur, District-Surguja (Chhattisgarh) WRIT PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA ;C9, ^^'^ffqRTq, ^Tfl^l^ fsj^iyy ^^^^......^)..^^^^^^ ^ 3ff^w •craq;' ('^qf^si^iET) 311^1'WfeRi- B»<r3il^rgnjq, FRinR-Hteraii^r wferih wraf 4fe^ •(iSRgn iTsfRBsn^r SB : Hon'ble Shri Manindra MohAn Shrivastava. J. 10-08-2011 IVis. Neha Verma, counsel fijirthe petitioner. Shri Praveen Das, Deputy (povernment Advocate for the State. With the consent of iearn^d counsel for the parties, the matter is heard finally. The petitioner was appoijited as Assistant Teacher on a fixed pay of Rs.150/- in the year 1980. After ^uccessfully compieting the probation period, he was granted regular pay scaie of Rs.169-300/-. Learned counsel appearin^ for the petitioner submits that the issue involved in the case is as to whether, th^ petitioner is entitled to regular pay scaie with effect from the date of initial appdntment or after completion of probation period. The issue invoived hereirj was considered by the Madhya Pradesh State Administrative Tribunai, Jabaipu|- in O.A.No.2745/89 (AfadAukant Yadu and 56 others v. State ofM.P. & othdfs), wherein, itwas held that thesimiiariy situated teachers are entitled to regula)- pay scale with effect from the date of initial appointment. The matter was t^ken upto the Hon'ble Supreme Court in special Leave Petition (Civii) No.6892/93. The said petition was dismissed by the Hon'bie Supreme Court, uphoiding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitied to reguiar pay scaie from the date of initial appointment. Accordingly, the petition^r is granted tiberty to make representation raising ail his grievance, in the light of(he aforesaid judgment and circular dated 27/12/08 (Annexure P/2), and in turn, ti^e concerned respondent is directed to decide the representation, ifany, in accorcjance with law, on its own merits, within a period of VT^S. y r, i.5F'rw?-f.i;i ,!e—;/2oii—i ,so,ooa .^^ :1^1 •i-SsM ;s^' iSS w sn^i-'nfeni- titl 311^1 sFqNr Deepti ^"^ "4|A|KV|<|, a-aly'ia, fsicii-ay 'Hi»(CTl%tjT^"——"•—-••-••—••••••^ 200 sn^i "v^v ('yf^^) ^^(ite^ ttisn »)]f^?i three months from the date of of the facts. In view ofthe foregoing, this f rec^ipt of the representation, subject to verification en!<ilci<ili +ii+i<nT'^ Val<\ <l<i^.i< ^aifgffsn^r petition is disposed of. No order as to costs. Sd/- Manindra Mohan Shrivastava ludge :^R'^^^-^^^Tc^r.^n^na'--.^s/i"o--~-2./2on-"i,50,ooo.