$§§E§£E %E“GH‘ w C/F‘mé (D I T HN’BLE HIGH COURT OF c. G. AT BILASPUR w.P. 1S). No. 57%;9 or 2009 PTTIN EIOER x Gorelal Tamboli, aged about 54 years, S/o Shri Ishwar Lal, Upper Division Teacher, Government Higher Secondary School, Rajgamar, District—Korba (C.G.) VERSUS SPDETS / : 1; State of Chhattisgarh Through the Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.G.) Assistant Commissioner Tribal Welfare Department, District— Korba (C.G.} Principal, Government Higher Secondary School, Rajgamar, District—Korba (C.G.) UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA RK ‘ xxx—Mi Rh N HE O REONN WRIT PETITION J @ HIGH CGURT OF CHHATTISGARH AT BILASPUR WRIT PETITION {S2 No. 6189 of2009 PETITIONER : Gorelal Tamboli. VERSUS RESPONDENTS State ofChhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTI I U I ION OF INDIA L%r SB: Han’ble bhrl Satish K. A nihotri J. Present: Shri K.S.Pawar, Advocate for the petitioner. _ Shri M.P.S.Bhatia, Depufy Government Advocate for the State/ Respondents. ORDER ORAL) (Passed on 29 day of October, 2009) Heard learned counsel for the parties. 1. The petitioner was appointed as Assistant Teacher on 21$ October, 1974, on a fixed pay of Rs. 100/-. Aiter combietion of his probation period, he was granted regular pay scale. 2. Leamed counsei appearing for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitled to regular pay scale w.e.f. the date oflinitial appointment or alter completion of probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. N0. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P.' & others), wherein it was held that the similarly 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/§3. The said petition was dismissed @ by ihe Hon‘ble Supreme Court uphoiding the decision ofthe Tribunal t0 the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. . Learned counsel appearing for the petitioner also submits that this court, while considering the same issue in Amar Sat Ram & others Vs. State of Chham‘sgarh & others (WP. (S) No. 4725/2006] by order dated 01.09.2006, allowed the petitioners to make a representation along with copy ofthe petition and annexures within a period of ten days, raising ail their grievances and in turn the concerned respondent was directed to decide the representation in an objective manner within a period of 3O days from the date of receipt ofthe representation. . Accordingly, the petitioner is granted liberty to make a representation raising all his grievances 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 8 weeks from the date of receipt of the representation, subject to verification ofthe facts. . In View cfthe foregoing, this petition is disposed of. No order asto costs. Sdl— Satish K. Agnihotri Judge