<^D HIGHCQURTOFCHHATtISGARHATBILASPUR WRFT pETmoN rs^ No. 2551 of2009 PETmONERS : 1. M:ohan Lal Marafha S/o Shri Laxman Rao, aged about 56 years, U.D.T. Govt. Middle School, Gondpara, Abhanpy^^^^^^^^^D^ 2. Asha Kam Sonkaiie aged about 55 year, U.D.T. 8/Q Shri Rupau Ram Sonkmie Govt. Middle School, Bhakhra, Distt. Dhamtari 3/ K^ulik Raln MMkmi^ A^ ob(wt 59 ycar, Head Ma^fer, S^ Shrl Chaiiiu Ram MaAaside Govt. I^imary School, Bharda, (Dadha) Distt. Dhamtari^.G.) 4. Bhagyawaii Singh Dhniw Age abouf 55 year, Head Master, S/o Shri Dadaiiu Ram Dhmw Govt. IPrimary Sdiool, Kaiifaarpuri, Distt. Dhamtari (C.G.) VER8US RESPONDENTS : 1. State of Chhattisgarh Through Secretary, Edueatioxx Department,| D.K.S. Bhawasi, Raipur, Distt. Raipur (C.G.) 2. District Education Officer, Raipur, Distt. Raipur(C.G.) 3. Di^ict Bducation Officer, Dhasirtari, Distt. Dhamtari(C.G.) WRIT PETITIONUNDERARTICLE226 OFTHE CCWSTrTUTION OF ENDIA SB:JIon'feteShri Satish K. Agnfliotri, J. Present: ShriSomkarit Verma, Advocate for th^ petition - Smt. Sniita Ghai, Panel Lawyer for flie State/respondeiits. QRDER<ORAD » (Passedon23rodayofJurie,2009) 1. The petitioners were appolnted as Assistairt Teachers on a fixed pay of Rs. 100/-. After completion of their respective probation period, they were grantedregylarpayscale. 2. Leamed counsel appeanng fbr the petitioners submits that the issue isivoh^ed iin. the case is asto wiiether, the petitioners are entitled to regular pay scale w.e.f the date of inMal appointment OT a^ of probationperiod. 3. Tfte issue uivolved, herein was considered by the Madhya Pradesh State Admmistrative Tribunal, Jabalpur in O.A.No. 2745/89 (Madhukant Yadu ^l: ^n. ^^^ and 56 others Vs< State of M.P. & others), \^erem ^ w^ held that the similarly situated teachers are entitled to regular pay scale w.e.f the date of initial appoiirtment. The matter was taken up to Horfble Supreme Courf iti Special Leave Petition (Cwil) No. 16892/93. The said petition was dismissed by the Hon^le Supreme Court upholdmg tiie decisionj)ffheTribunal tothe < e^ct that the Teachers/Assistaiit jTeach^ are cntitled to regular pay scale from date ofinitial appointment. 4. Leamed counsel appearing for the petition^rs also submite that this court, while cpnsidering the same issue in Amar Sai Ram & ofhers Vs. State of Chhattisgarh & others [W.P. (S) No. 4725/2006] by order dated 01.09.2806, allowed ihe petitioners to make a representation along with copy of fhe petition and annexures whhin a period of ten days, raising all their grievances and m tum the concemed respondent was directed to decide the representation in an objective mamier within a period of30 days fix>m the date ofreceipt ofthe representation. 5. Accordingly, the petitioners are granted Hberty to make a representation raising all their grievances and mtum, the concemedrespondctiti^^d^ to decide the representation, if aiiy, in accordance with law, on its own merits, within a period of 8 weeks from the date of receipt of the rq)resentation. 6. In view ofthe foregoing, this petition is disposed of. No order asto costs. Sd/- SatishK.Agnihotri Judge Andt