g IN THE HO’BLE HIGH COUR OF CHHATTISGARH \ N T AT BILASPUR ‘ smm'gf €§H w.P.(s1No. 12?L12009 3EN agan Ram Bhagat, S/o Gina Ram Bhagat, aged about 50 years, working as Head Master, Gt. Middle School, Mayurnacha, Block - Patthagaon, Distt. — Jashpur () VERSUS / : 1. State of Chhattisgarh Through :— The ecretary Tribal Welfare Deparment, D.K.S. Bhawan, Raipu (C.G.) 2‘ 2. Assistant Commissioner Tribal Welfare Department, / Jashpur, Distt.-Jashpur (C.G.) 3. Block Education Officer, _ \ Patthalgaon, Distt. -‘ Jashpur\ /,, (C.G.) 4. Treasury, Account 85 Pension Jashpur, ’Distt. —Jashpur (C . G.) W g PETITIONER ov l Ca RESPONDENTS S, t r 1 / WRIT PETITION UNDER ARTICLE 226 OF THE K CONSTITUTION OF INDIA. HJGH CGURT OF CHEATTISGARH AT BILASPUR WRIT PETITION {3) N0. 7272 of 2009 WRKT PETITEON UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotriz J. Present Shri Somkam Verma with ShriAkshay Yadav, Advocate for the petitioner. Shri PKBhaduri, Panel Lawyer for the State/respondents. ORDER GRAL) (Passed on 14 day of December, 2009) With the consent of the parties, the matter is taken up for heariog fmaHy. . The oetitioner was initiaiiy appointed on a fixed pay of Rs. 150A After completion of his probation period, he was granted regular pay scale or Rs. 169 v 300/-. 2. Learned couxxsel appearing for thepetitioner submits that the issue involved in the case is asto whether, the petitioner is entitled to reg‘uiar pay soaie w.e.f the date ofinitial appointment or after completion of probation period. . The issue invoived, herein was considered by the Madhya Pradesh State Administrative Tribunail, Jabaipur in 0A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of MP. & others), wherein it was heid that the similariy situated teachers are entitled to regular pay Scale W.e.f. the date of initial 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 Hon'ble Supreme Court upholdingthe deeision ofthe Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scaie from date of initial appointment. ‘ PETmONER : Jhagan Ram Bhagat. ' VERSUS RESPONDENTS : State ofChhattisgarh & Q\K . Learned counsei appearing for the petitioner aiso submits :hat this court, while considering the same issue in Amar Saz‘ Ram & others v. State ofChhattisgarh & Others {WE () No.4725/2006} by order dated 01.09.2006: allowed the peti‘iioners io make a represention Within a period often days? aising all their grievances. (JI . Accordingly, the ptitioner is granted libety to make a representation raisig all his grievances and in tum, the concemed respondent is directed to decide the representation, if any, in accordance with law, on its own merits, within a period f 8 weeks from the date ofreceipt the representation. 6. In View ofthe foregoing, this petition is disposed of. No order asto costs. i Sd/- r. ‘ Satish K. Agnihotri. Judge Amit ‘ 4 S ta r e r n o of