9m? 1% Q wmm @wch, I_N THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR C.G. ‘ W.P. (S) No....%..§.9.$/....2011 PETITIONER................ Bhog Sing Sidar, S/ o Shri Shiv Sing Sidar, Aged 56 Years, H.M., Middle School, Parsapali Bhilaigarh, District Raipur C.G. VERSUS RESPONDENTs (1) The State Goyt. of Chhattishgarh, Through - ThevSecretary, School Educatioia Department, ....... \‘M D.K.S. Bhavan, Raipur (C.G.) WM (wtéiv District Education Ofiicer Raipur (CG) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OR MANDAMUSIDIRECTION OF OTHER APPROPRIATE WRIT. p.e\.“°;{eex< ‘ .......... )4\ 1A \ MW 69%) .PETITIONER RESPONDENTS resent: - Shri Somkant Verma, ounsel for the petitioner. s. mita Ghai, Pa‘hel Lawyer for the State/respondents on advance copy. P c M S ORAL ORDER — (Passe o 1 August, 2011) With the onsen learned counsel for the parties, the matter is ct of heard finally. 1. The petitioner was appointed as Assistant Teacher on a nxed pay of Rs.100/—. After successfully compiting the probation period of 2 years, e was granted regular pay scale. 2. earned counsel appearing for the petitioner submits thattthe issue ;L involved in the case is as to whether, h ptitioner is entitled to regular te e pay scale with effectfrom the date of initial appointment or after completion of probation period. 3. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabaipiii‘in o.A.No.2745/89 (Madhukant Yadu and 56 others v. State‘of MP & others), wherein, it was held l that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to ‘k the Hon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. l Writ Petition u/A 226 of the Constitution of India d n 2‘“ e h @ The said petition was dismissed by the Hon'bie Supreme Court, upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitied to regular pay scale from the date of initial appointment. . Learned counsel appearing for the petitioner further submits that this Court, while considering the same issue in Amar Sai Ram & Others v. i State of Chhattisgarh & Others {\N.P.(S) No.4725/2006] by order dated 01/09/2006, allowed. the petitioners to make a representation within a period of ten days, raising all their grievances. . Learned counsel for the petitioner further submits that now the State Govt. has issued an order on 5‘“ January, 2011 (Annexure P-5), wherein, it has been ordered that those who have been appointed before 1982 and after 1995 on a fixed pay, are entitled to regular pay' scale from the date of initial appointment upon successful completion of 2 years period of probation. . Accordingly, the petitioner is granted liberty to make a representation raising all his grievances in light of the aforesaid judgment and circular dated 5.1.2011 (Annexure Pl5), and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law, on its own merits, within a period of three months from the date of receipt of the representation, subject to veritication of the facts. Tumane costs. _..._ Sd/- ~ Manindra Mohan Shrivastava Judge . in view of the foregoing, this petition is disposed of. No order as to