%“ é/g % / 3W§§E @EE‘~‘§§§“§ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w. P. (S)No.{j)g /2010 PETITIONERS: 1) (Animdh prasad Kamalsen S/o Rikhi Ram Kamalsen aged about— 52 years Posted Head Master at Government VERSUS / RESPONDENTS: l) State of Chhattisgarh Through it’s The Secretary Aadim Jati tatha Anusuchit Jati Vikas Department, D.K.S. Bhawan Raipur (C.G.) The Commissioner Aadim Jati tatha Anusuchit Jati Vikas Raipur (C.G.) The Assistant Commissioner Aadivasi Vikas Bilaspur, District Bilaspur (C.G.) g d Higher Secondary Tikarakala Gaurella District — Bilaspur (C.G.) 2) Chhote Lal Sahu S/o Firatoo Ram Sahu aged about- 52 years Posted as Head Master at Middle School X N 5' Pandari, Block Marwahi District ix?“ Bilaspur ( C.G. ) p DN x57’\ \VN0 3) /Ganpat Lal ‘Kairtya S/o Mohan Lal n) \ WW kairtya aged about —5l <years Posted as Head Master at Middle School Lipia—Sarai Block- Marwahi District— Bilaspur ( C.G. ) 4) / The Collector Bilaspur Bilaspur (C.G.) District WRIT PETITION UNDER AURTICLE 226 OF THE N CONSTITUTION OF INDIA M‘A :I HIGH COURT OF CHHATTISGARH : BILA$PUR WRIT PETITION (S) NO. 1318 OFV2O10 PETITIONERS Anirudh Prasad Kamalsen & Others Vetsus w State of Chhamsgarh & Others (Writ Petition under Atticle 226 of the Cunstimtion‘ of lndia) $ingie Bench : Hon'ble Shri Satish K. Agnihotri, 'J. > Present :- Shri Ravi Maheshwati. counsei for the petitiohers. Shri A.V. sridhar, Pane! Lawyer for the State. _.—--._7, RESPONDENTS With the consent ofiearned counsei appearing for the parties, the . ' petition is heard finatly. The petitioners were initially appointed on a fixed lpay of Rs.1ODI- in the year 1977. After completion of the probation period, the r r petitioners were granted regular pay scaie. Learned counsel appearing for the petitio'ners,submits that the issue Linvoivedi‘in the case is asto whether, the petitioners are entitled to regular pay scale w.e.f. the date of initial appointment or after .- completion of probation period. The issue invoived, herein was considered by the Madhya Pradesh --State Administrative-r Tribunal, Jabalpur «in O.A. No. 2745189 ”(Madhukant Yadu and 56‘others Vs. State of MP. & others), wherein it was heid that the similarly situated teachers were entitled to regular pay scaie w.e.f. the date of initiai appointment. The matter wastaken‘ -up- to the Supreme Court in Special Leave Petition (Civii) No. 6892l93. The said petition was dismissed bythe Supreme Court upholding the decision of the Tribunal to the effect that the Teachers! v \ ORDER ORA V (Passed on this 29‘ day of Marat}. 201 0) \\ Aseistant Teachers are entitled to regular pay scale from dateiof ' initiai appointment. Learned counsel appearing for the petitioners also submits that this court while considering the same ISsue m Amar Sal Ram & others v State of Chhamsgarh e others {w P (S) No 4725120061 by order ; g dated 01.09.2006, allowed the petitioner to make a representation - wrthm a penod of ten days ralsmg all their grievances Accordingly, the petltloners are granted liberty to make a- representatuon rarsmg all the gnevances and m tum the concerned respondent ls drrected to decrde the representatron rf any, accordance wrth law and the aforesmted declslons, on rte own/meme, within a period of 8 weeks from the date of receipt of_ the frepresentation, subject to verincation of the facts; ‘ ln view of the foregoing, this petition is disposed of. Sd/— Gowri SAT‘S" K. AGNE?OTR1 Judger V