>.^' ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (S) No. 2-6 W OF2011.. PETITIONERS :1. ,^ ^v ,^^>>-^^r- 2. ^...--- - YV- - Kishore Kumar Sharma, S/o. Shri B. N. Sharma, aged about 56 years, Lecturer, Govt. Higher Secondary School Dantewada, District Dantewada (C.G.) Satish Kumar Chand, S/o. Shri A. M. Chand, aged about 55 years, Head Master, Govt. Middle School Chiranj, Block Kanker, District Kanker (C. G.) / 3. Gannu Lal Sahu, S/o. Shri L. R. Sahu, aged about 54 years, Head Master, Govt. Middle School Bahanapani, Block Narharpur, District Kanker (C. G.) VERSUS RESPONDENTS &-'^ 1. State of Chhattisgarh, Through : The Secretaiy, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2. Assistant Commissioner, Tribal Welfare Department, Dantewada, District Dantewada, (C. G.) 3. Assistant Commissioner, /' Tribal Welfare Department, Kanker, District Kanker (C. G.) Y 4. Treasury Offlcer, Treasury Account and Pension, Kanker, Distt. Kanker (C.G.) 5. Treasury Officer, Treasuiy Account and Pension, Dantewada, Distt. Dantewada (C.G.) WRIT PETITION UNDER ARTICLE226 OF THE CONSTITUTION OF INDIA ^\ HIGH COURT OF CHHATTISGARH : BIIASPUB S.B.: Hon>ble Shri Manindra Mohan Shrlvastava, J. PETITIONBRS RESPONDENTS Wrlt Petition (St No.2579/2011 Kishore Kumar Sharma & Ors. Versus State of Chhattisgarh and others Writ Petition u/A 226 ofthe Constitution oflndla Present: - Shri Somkant Verma, counsel for the petitioners. Shri P. Bhaduri, Panel Lawyer for the State, on advance copy. ORAL ORDBR (Passed on 12th May, 2011) With the consent of leamed counsel for the parties, fhe matter is Meard finally. 1. The petitioners were appoiated as Deputy Teacfaer on a fixed pay of Rs.100/-. After successfully completing the probati<m period of 2 years, they were granted regular pay scale. 2. Leamed counsel appearing for the petitioners submits that the issue involved in the case is as to whether, tfae petitioners are entitled to regular pay scale with eflfect from fhe date of initiial appointment or after completion of probation period. 3. The issue involved herein was considered by fhe Madhya Pradesh State Administrative Tribiinal, Jabalpur in O.A.No.2745/89 (Mcuifeufccint Yadu emd S6 others v. Sbate ,^S£^ s^':?^ ,f 'ii":?.'£^f'"yt?%'3w^ wiss& '-•^&^^ \yy 1 of MJP. & others), wherein, it was held that fhe sinallarly situated teachers arc entitled to regular pay scale wifh effect from fhe date of initial appointment. The matter was taken v^ to fhe Hon'ble Supreme Court in special Leave Petiticm (Civil) No.6892/93. The said petition was dismissed by fhe Hon'ble Supreme Court, upholding fhe decision of fhe Tribunal to fhe effect that fhe Teachers/Assistant Teachers are entitled to regular pay scale Irom. ttie date ofinitial appointment. 4. Leamed counsel appearing for the petitiioners furfher submits that this Court, while considerir^ fhe same issue in Amar Sai Ram 8s Others v. State of Chhcettisgarh 8s Others [W.P.(S) No.4725/2006] by order dated 01/09/2006, ^lowed fhe petitioners to make a representation wifhin a period of ten days, raising afl fhetr grievances. 5. Accordingly, fhe petitioners are granted liberty to make a representation raising all their grievances in light of the aforesaid jud^nent and order dated 27.12.2008 (Annexure P-6), and tn tiim, the concemed respondent is directed to decide fhe representation, if any, in aceordance wifh law, on its own merite, within a period of fhree months firom fhe date of receipt of fhe representation, subject to verification offhe facts. 6. In view ofthe foregoing, ftus petition is disposed of. No order as to costs. Praveen Sd/- Manindra Mohan Shrivastava Judge