> IN THE HON'BLE HI&H COURT OF CHhlATTISGARH AT BILASPUR W.P.CS) N0. _2_/2010 PETCTCONERS %^y «5 v/^ ^y^^ oe^ -^. /V-' RESPONDENTS 1. Damodar Prasad Jaiswal, S/o Shn' Nanhu Ram Jaiswal, aged about 50 years, Lecturer, &ovt. Higher Secondary School, Masaniyakala, Block- Sakti, bistt. Janjgir-Champa (C.6.) 2.' Surit Ram Dhairya, S/o Lat Mohan Ram Dhairya, aged about 55 years, Headmaster, Govt. Middle School, Paterapali Khurd, Block- Sakti, Distt. Janjgir-Champa (C.6.) ^ 3. Girdhar Prasad Bhardwaj, S/o Shri Roop Singh Bhardwaj, aged about 49 years, Upper bivision Teacher, Ideal 6ovt. Higher Secondary School, Sakti, Block-Sakti, Oistt. - Janjgir-Champa (C.6.) VERSUS ;/ 1. State of Chhattisgarh Through :- The Secretary, Education Department, D.K.S. Bhawan, Raipur (C.6.) Q^ 2_ 2. District Education Officer, Distt. Janjgir-Champa (C.6.) 3. Block Education Officer, Sakti, Distt. Jangir-Champa (C.6.) 4. ^Joint Director, Treasury, Account & Pension, Bilaspur, Distt. Bilaspur (C.6.) WRIT PETETION UNDER ARTICLE 226 OF THE CONSTCTUTCON OF INDIA. ^ HIGH COURT OF CHHATTISGARH AT BILASPUR Sinale Bench: Hon'ble Shri Justice Prashant Kumar Mishra Writ Petition (S.l No.7719 of 2010 Petitioners Respondents versus Damodar Prasad Jaiswal and others State of Chhattisgarh and others Present: Shri A.S.Rajput, counsel for the petitioners. Shri N. Naha Roy, Panel Lawyerforthe State/respondents. Writ Petition under Article 226 of the Constitution of India ORAL ORDER >th (Passed on 28'" January, 201 1) Heard. 2. The petitioners were initially appointed on a fixed pay of Rs.100/- and Rs.150/-. After completion ofthe probation period, the petitioners were granted regular pay scale. 3. Learned counsel appearing for the petitioners submits that the issue involved in the case is as to whether the petitioners are entitled to regular pay scale w.e.f. the date of initial appointment or after completion of probation period, 4. The issue involved herein was considered by the Madhya Bradesh State Administrative Tribunal, Jabalpur in O.A. No.2745/89 (Madhukant Yadu and 56 others vs. State of M.P. and others), wherein it was held that the similarly situated teachers were entitled 'yio regular pay scale w.e.f. the date of initial appointment. The matter gjh .^'^.i:'"^, -'T^ ^ l'<.^ssy ^fc$ •^ was taken up to the Supreme Court in Special Leave Petition (Civil) No.6892/93. The said petition was dismissed by the Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. 5. Learned counsel appearing for the petitioners also submits that this Court, while considering the same issue in Amar Sai Ram and others vs. State of Chhattisgarh and others [W.P.(S.) No.4725/2006] by order dated 1-9-2006, allowed the petitioner to make a representation within a period of ten days, raising all their grievances. 6. Accordingly, the petitioners are granted liberty to make a representation raising all the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law and the aforestated decisions, on its own merits, within a period of 8 weeks from the date of receipt of the representation, subject to verification of the facts. 7. In view of the foregoing, this writ petition is disposed of. Sd//- Prashant Kumar Mishra Judge Gopal