r^~' ^l,'f^1^-^^ ^^^•"" tlMKJ P pf^^p ^l^^i^: yi,.^'.^!.: t J.^ ^ •^^'•- (Z^ IN THE HON'BLE HIGH COURT OF CHHATTESGARH AT BILASPUR WRIT PETTnON (S) N0. K L( /2010 PETCTCONER VERSUS RESPONbENTS ^l. 2. Radheshyam Ijardar, aged about 61 years, Son of Shri Rungu Ijardar, posted as "Head Master" at Govt. Primary School- Kapisda (B), Block <& Tahsil- Sarangarh, bistt- Raigarh (C.G.) The State of Chhattisgarh, Through- The Secretary, Department of School Education, Mantralaya, bau Kalyan Singh Bhawan, Raipur (C.G.) The District Education Officer, Raigarh, bistrict - Raigarh (C.G.) WRIT PETITION U/A - 226 OF THE CONSTCTUTION OF INblA \(\ HIGH COURT OF CHHA1T18GARH AT BILA8PUR WRTTPETmONfS) No.84of2010 PETI'nONER RE8PQNDENT8 Radheshyam Ijardar. VERSU8 The State ofChhattis^rh & another. Writ Petition U/A 226 Ot'The Constitution Qf'India SB: Hon*fe!e Shri Sa^sh K. Agirihotrf. J. Present: Shri Roop Naik, Advocate fbr the petitioner. Shri P.K.Bhaduri, Panel Lawyer forlhe State/respondents. 0»ALORDER (Passed oa 1 ltb day of January, 2010) With the conseiit ofleamed counsel appearitig fbr the parties^ fhe petition is heard finally. 1. Leamed counsel appearing for fhe petitioner suteuts Ifaat the pettti<MiCT was appointed initially as Up Shala Teacher on a fixed pay of Rs. 100/- on probation. After completion ofprobation period, the petitioiier was granted regular pay scale. Leamed coimsel lurfher submits tfiat fhe issue involved m the case is asto wheth©rthe petitioner is oititled to regutarpxy scale with effect Irom the date ofmitial appoitrtment or after completion ofprobatio^i period. 2. The issue involved herein was considered by the Madhya Pradesti Stajte Administrative Tribunal, Jabalpur (for short <tthe SAT")m O.A.No.2745/89 (Madhukant Yadu and 56 othersvs. State ofM.P. & others)^ wherein it was held fhat tfie similarly situated teachers are eirtitled to regiilar pay scale •w.e.f. the date of imtial appomtment. The mattCT was tdcen up to tfae Supreme Court. The appeal was dismissed by the Supreme Covrt, upholdmg the decision of the Tribimal to fh© eftect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of itiitial appointment. 3. In view offhe submissions made by leamed counsel for tihie parties, (he petitioner is granted liberty to make a representalioii raismg all his grievances m Ught offhe aforestated judgmeat and ia tom, tfae ooneeni^l respondent is directed to decide the representation, if aiiy^ in accordance witii law, on its own merits, witfain a period of 8 weeks from the date of receipt offhe representation, subjectto verification oftihe facts, 4. In view offoregoing, the writ petitioii is disposed of »-£ir" AHOW