^•}^^:^. y, fi'iill^^^n ^.WyLfc NfcN^H ll^) IN THE HON'BLE MI6M COURT OF CMHATTISGARH AT BILASPUR W.P. (S) N0. h^^H /2011 PETCTIONER s^?^/ .^^-^ ^^^•^^ ...--^'r...-^* ^y...-"" ^•^ ...•••" <^.^ ^RESPONDENTS / ^ Radhey Shyam Patel, S/o Late Shri Awadh Ram Patel, aged about 51 years, Upper Division Teacher, &ovt. AAiddle Schoot (Tribal Welfare Department) Jhanjha, Block-Pali, bistt.- Korba(C.6.) VERSUS : 1. State of Chhattisgarh, • . Through - The Secretdry, Tribal Welfdre Department, C).K.S. Bhawan, Raipur, Distt. -Raipur (C.G.) 2. Assistant Commissioner, Tr'ibal Welfare Department, Korba Distt.-Korba (C.&.) 3. Bloek Education Officer, Pali, Block-Pali, &istt.-Korbd (C.G.) 1. 2. WRIT PETITION UNDER ARTCCLE 226 OF TME CONSTITUTION OF INDIA PARTECULARS OF THE PETCTEONER (5):- As per the cause title. PARTICULARS OF THE RESPONDENT (S): - As per the cause title.a^ U!' ^ PETITIQNERS Radhcv Shvain Patel StateofC.G. &C S?S!TPBTITION ONDBR ARTICLB 226/227 Of THB CONSTITUTION OF SIui Aafl Singli Rajput, counsel for tb.e petitioner. Witii the consent ofthe parties, ttie niatter is hearG finaBy. The petitioner was initiatly appoiiited as Agsistact Teacher ia fhe year 1978 oa a fixed pay of Rs. 100-150. After coa.ptetiozi oftiis probation period, he was graated regular pay scale ofRs. 159-300. Leamed counsel for The petitioner subniite tbat fbe above is.sue has beea considercd by the M.P. Statc Admiaistrative Tribunal, J&balpiu- ia O.A. No. 2745/89 betweea Madhufcant Yadu and 56 others Vs. State of M.P. and others, whereia it was held that tiie similarty situated teachers are entifled to regular pay scale with effect fro.iu tbe date of initial appointm.ent. The saatter was taken up to the Honlile Supreiae Court. The appeal was dismissed by the Hon'b'ie Supreiae Court uphoMing fhe decision of fhe TribuneJ. to fhe effect that the Teachers/Assistaat Teachers are entitled to regular pay scale froin the date of iaitial appoiiiteaent. It is fiirther subtBitted that ttiis Court whfle considering fhe same issue in W.P. (S) No. 4725/2006 belween Amar Sca Ram & Ofhers Vs. State of Chhaliisaarh and Others by orier dated 01.09.06 aUowed the peti.tion.ei-s to mabe a icpreseatation witlmi. a period oftea days, raismg afl tlie gricva-.ices. if Accordiagly fhe petitioner is graated Ubcrty to make a representation raising all .his grievance i-a fhe l^ht of the aforesaid judgment ajid the cu-cular dated 27.12.2008 (A.uaexure P/4), siid ia. tura t&e conceraed icspondent is directed to decide the law, on its own merits, within a period of three nioafhs froia the date of receipt of the rcpresentation subject to ?erificatioQ of the facts. In view oftlie foregoing, this petition is disposed of. No order as to costs. Sd/- Shr'vastava Judge ^