{D w 15W/. SlNQiE BENCH N THE HIGH COURT OF CHHATTISGARH AT BILASPUR w P (S) No. ‘1 1E5’ OF 2009 ETITIONER > .2 . .’ ‘ Shyam‘ / L La1 L _ Markam, S/o Shri Dalasu Ram Markam, aged about 56 years Head Master ' G1r1s Pr1mary School Chmaurl, ‘Dlstrlct Kanker (C G ) 'Vr E R S_ U S RESPONDENTS :1. / Stfaie _ 5f Chhattisgarh, Through ' The Secretary, Tribal ” Welfare Department D K S ' Bhawan, Ralpur (C G) / _ 2. Assistant Commissioner, ‘ Tribal Welfare Department, Kanker, Distt. Kanker ,(C. G.) a / 3. Block Educauon Offlcer Charama D1str1ct Kanker (C G) 4. (I‘reasury Account and Pension, Charama, District Kanker (C. G.) ’ .WRIT PETITION UNDER ARTICLE 226 OF THE, CONSTITUTION OF INDIA The petitioner beg to s‘ubrnitas under:- 1 P HIGH COURT OF ’CHHATTISGARHAT BILASPUR 1 V r WRIT PETITIONgS) No.7235 of2909 I WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA SB Hon’ble Shrl Satlsh K Agnih J_J ’ Present Shn Somkant Vennm Advocate for the petltmner Shn Pankm Shrwastava, Panel Lawyer for the State/respondents V ORDER-(ORAL) (Passed on 11““ day of December, 2009) rWith the consent of the parties, the matter is taken up for hearing finally, .1. The petitioner was initially appointed on a flxed pay of Rs. 100/-. Aher completion of his probation period, he was gamed regular. pay scale of Rs. 169-300/-. 2 Leamed counsel appearing for the petitioner submlts that the issue involved in the case is asto whether the petitioner is entitled to regular pay scale w ef the date of initial appointment or aher completion of probation period. i 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 Vs. State of M.P. & others), wherein it was held that the similarly situated teachers areientitled to regular pay scale w.e.f. the date .of initial V appointment. The matter was taken‘up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the ’on‘ble Supreme Court upholding the decision ofthe Tribunal to theetfect that r H I PETH'IONER z Shyam LaIMarkam. _ VERSUS RESPONDENTS j. J State of Chhattisgarh & others. 2 L ‘ ‘ ‘ V _ athe'Teachers/Assistant Teachers are entitled to fegular pay scale from date of L initial appointment. 4.: Learned counsel appearing‘for the petitioner also submits that this court, While i; considering the same issue in Amar Saz' Ram & others Vs. State of l Chhattz'sgarh & others {W.P. (S) No.4725/2006} by order dated 01.09.2006,' a ,A allowed the petitioners to make a representation within a period of ten days, ii raising all their grievances. 5.: Accordingly, the petitioner is gamed liberty to make a representation raising all his grievanees and in tum, the concerned respondent is directed to‘deeide i . V the representation, if any, in accordance with law, on its own merits, Within a i i i period of 8 weeks from the date ofreceipt ofthe representation. 6.1‘ Inview ofthe foregoing, this petition is disposed of. No order 'asto costs: T 1 _ . i 1 .j Sd/— s ;: Satish K. Agnihotri- I i Judge ' ‘ ’l. V