:NCi ^ - ( oc IN THE HIGHCOURT OF CHHATTISGARHAT BILASPUR W.P.(StNo. 'TT?^ OF2009. PETITIONER ^ ;(^>'^-' .^y^>' v^€^:^' ?<e'°". ...•<•' ^•••••""^ RESPONDENTS Anil Muij, S/o. Jwaldm Minj, aged about 40 years, Tribal Welfare Primary School Balatoli, Block Kunkuri District Jashpur (C. G.) VERSUS -:1. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2. Asssistant Comm.issioner, Tribal WeUare Department, Jashpur, Distt. Jashpur (C. G.) 3. BlockEducation Officer, Kunkuri, Distt. Jashpur (C. G.) 4. Treasury, Account and Pensiori, Jashpiu-, Distt. Jashpur (C. G.) WMT PETTTION UNDER ARTICLE 226 OFTHE CONSTITUTION OF INDIA te a .-'l8* NKSI-i^COURT OF CHHATTISGARH AT B1LASPUR •t^. •• i ; ;; WRIT PETITION (S) No. 7074 of 2009 PETITIONER RESPONDENTS AnilMinj. VERSUS State of Chhattisgarh & Others. llliiil'l: T i!ii .1 !lii,i WRIT PETITiON UNDER ARTIC1£_2260FTHEGONSTITUTION OF iNDIA SBLHon'bte Shri Safeh K. Adnihotri. J. Present: Shri Somkant Verma, Advocate for the petitioner. Shri Y.S.Thakur, Deputy AdvocateGenerat for the State/respondents. ORALORDER (Passed on 03rd dayof December, 2Q09) With the consentof the parties, the matter is takep up for hearing flnalty. 1. The petitioner was appointed as AsststantTeacheronaflxedpayofRs. 300/-. After completion of his probation period, he was granted regylar payscate. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is astowhether, the petitioner is entitled to regular pay scale w.e.f. the date initial appointment or after completion of probation period. 3. The issue involved, hereiri was considered by the Madhya Pradesh State Administrative Tribunal, Jabatpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others),wherein itwas held that thesimilarty situated teachersare entitled to regular pay seate w.e.f. the date of initial appointment. The matter was taken up to Hon'ble Supreme Court in SpeeialLeave Petjtfein <Clvil5^to. 6892/93. The said petition was dismlssed by the Hon'ble Supreme Gourt upholdln§|jttie, 11 1 s "4 decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitted to regular pay scale from date of initial appointment. 4. Learned counsel appearing for the petitioners also.submits that this court, while cpnsidering the same issue in AmarSai Ram & others Vs. State ofChha sgarh & otfiers [W.P. (S) No. 4725/2006] by order dated 01.09.2006, aliowed the petitloners to make a repr^entation along with copy ofthe petition and annexures within a period of ten days, raising all their grievances and in turn the concerned respondent was directed to decide the representetion in an objective mannen within a period of 30 days from the date of receipt of the representation. 5. Accordingly, the petitioner is granted tiberty to make a representation raising all his grievances and in turn, the concemed respondent is directed to decide the representation, ifany, in accordance with law, on its own merits, within a period of 8 weeks from the date of receiptof the representation. 6. In view of the foregoing, this petition is disposed of. No order asto costs. Sd/- Satish K. Agnihotri Judge l~ir^own