2 Sgagi’e awrmh ® IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT §ILASPUR (C .6.) / :1. "> L60 /2o1 1 PETITIONERS Kodur‘am Diwedi, aged ’abouT 57 year's, Lec‘rurer‘, Governmem‘ High School, Pipr‘aul, Ramchandrapur‘ DisT’r. Sarguja (C.G.) BriJmohan Sahu, aged abou’r 56 ‘year's, S/o Lafe Ramvilas Sahu, Head masTer, Governmem‘ Aa.Ja.ka. Primary School Gorr‘aparo, Ambikapur, Dis‘rT. Sarguja (C.G.) / Tulsir'am Rajwade, aged abou‘r 57 year's, Head Masfer‘, Governmenf Aa. Ja. Ka. Primary School Sonpur, oiyafhan, Sarguja (C.G.) Op RESPONDENTS : VERSUS S‘ra’re of ChhaT‘risgarh Through SecreTary, Tribal Welfare Deparlmen’r D.K.S. Bhawan, Raipur (6.6.) Commissioner Tribal Welfare, Raipur (C.G.) AssIsTam‘ Commissioner Ambikapur Disff. Sarguja (CG‘) / Surajpur, Dis’rT. IL: W.P. (5) NO. 3. 1. 2. 3. g , Bh , <30 @ 4. Join’r Dir'ecfor‘, Treasury, accounfs, pension, Ambikapur‘ Dish“. Sarguja (C.G.) RIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA W 3a W, Wm, . @.?.@>@.3Qm H WWW 200 mm(a§i§a§u> wwww¥%€tmn SE : Hon’ble Shri Ménindra Mohan Shrivastava, J”. mmfzafa; mmm WWW *3imm 23£5=2011 Shri Rahui Mishra, counsei for he petitioners. Shri Y.S. Thakur, Deputy Advo ate General for the State hnaiiy. With the consent of teamed co nsei for the parties, the matter is heard The petitioners were appoint d on a fixed pay of Rs.’i50l—. After successfuiiy completing the probatio period of 2 years, they were granted regular pay scaie. Learned counsei appearing f the petitioners submits that the issue invoived in the case is as to whet r ,‘ the petitioners are entitled to reguiar i pay scale with effect from the date of nitiai appointment or after completion of probation period. The issue invoived herein w s considered by the Madhya Pradesh State Administrative Tribunai, Jabaip r in O.A.No.2745i39 (Madhuirant Yadu and 56 others v. State of MP. others), wherein, it was held that the simiiariy situated teachers are entitl d to reguiar pay scaie with effect from the date of initial appointment. Th ‘matter was taken up to the Hon‘bie Supreme Court in speciai Leave Petit on (Civii) No.6892/93. The said petition Was dismissed by the Hon’ble Supre e Court, uphotding the decision of the Tribunal to the effect that the Teac ers/Assistant Teachers are entitted to regular pay scaie from the date of init l appointment. Learned counsel appearing fo the petitioner further submits that this Court, while considering the same is ue in Amer Sai Ram & athers v. State of Chhattisgam & Others IWF.(S) N .4725/2006} by order dated 01/09/2006, aiiowed the petitioners to make a re resentation within a period of ten days, ; h XI~HC—78 Q 4 In zoo WW (Wu) WWW ammm WW wW $3imm Daepii raising aii their grieVances and in tui to decide the representation in an oi from the date of receipt of the repres 'n the concerned respondent was directed )jective manner within a period of '3_0 days .entation. Learned counsel for the petit' oners further submits that the'State Govt. has issued a circuiar on 27H 2i08v( nnexure Pi3) to deai with the cases of the nature invoived in the petition. Accordingly, the petitiones are granted liberty to make a representation raising ali‘the'ir grle ances, in light of the aforesaid judgment in turn, the concerned respondent is directed to decide the representati n, if anyL in accordance with iaw, on its: months from the date of receipt of th and circulars dated 27/12/08, an own merits, within a period of thre representation: subject to verificatiot 1 of the facts. in view of the foregoing, this 3etition is disposed of. 7,1. 7 gManindra Judge Sdl- . Mohan Shrivastava gpt \w a e