G^3^? 'f ^ ? ^-- ;\* ^ ^ SIN^l.s" ^s-"vii IN THE HIGH COUKT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT PETITION (S) N0."7^ \ /2011. PETITIONERS: ^ ^y .^f^v ^..^-^" ^y /^v' ./.-2' ^,.*'< / 1. Ram Kumar Chandel, son of Sukhnandan Chandel, aged about 53 years, working as Assistant Teacher, residence of Purani Basti Akaltara, District Janjgir-Champa, Chhattisgarh. /2. Udaynafh Sahu, son ofRamniwas Sahu, aged about 48 years, working as Assistant Teacher, residence of Sakreli via Baradwar, District Janjgir- Champa, Chhattisgarh. 3. Basant Kumar Singh Kachhwaha, son of gharan Singh, aged about 52 years, working as Assistant Teacher, residence of village Bhaiso via Aariyari, District Janjgu'-Champa, Chhattisgarh. versus Respondents /l. State of Chhattisgarh, Through The Secretary Tribal Welfare Department, D.K.S.Bhawan, Raipur, Chhatdsgarh. 2. Commissioner, Tribal Welfare Department, Raipur, Chhattisgarh. I 3. Assistant Coinmissioner, Tribal Welfare Departaient, Korba, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA • l^^"" ,,!Sffgas!* /^^ ^ l^^lj V's^^' '%SSES-^^,\ '^^ HIGH COURT OP CHHAmSGARH AT BILASPUR WRIT PETmON (S} No. 751 of2011 PETITIONERS : Ram Kumar Chandel & Others. VERSUS RE8PONDENTS : State of'Chhattisgarh & Others. WRIT PElinON UNDER ARTICLE 226 OF THE CONS'IITUHON OF INDIA SB: Hon'ble Shri Satish K. Aenihotri, J. Present: Shri C.J.K-Rao, Advocate for the petitioners. Shri Sushil Dubsy, Govemment Advocate forthe State/respondents. ORDERrORAL) (Passed on 08tt day ofFebroaiy, 2011) 1. The petitioners were initially appointed as Assistant Teacha- on a fixed pay of Rs. 300/-. After couq>letion of probation period, they were granted regular pay scale. 2. Leamed counsel appearing for the petitioners subnuts that the issue involved in the case is asto whether, the petitioners are eatitled to regular pay scale w.e.f. the date of initial appomtment or after completion ofprobation period. 3. The issue mvolved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and56 others Vs. State ofM.P. & others), wherein it was held that the similarly situated teachers are entitled to regula- pay scale w.e./ the date ofinitial appoinlment. The matter was taken up to Hon'ble Supreme Court in Special Leave Petitiou (Civil) No. 6892/93. The said petition was disnussed by Ihe Hon'ble Supreme Court upholding the decision of the Tribimal to the effect that Ifae m Teachers/Assistant Teacha-s are entided to reeular pav seale fi'om dato ofinitial appointmeirt. 4. Leamed counsel appearing fm the petitioners also subnrits that ftis court, while consideriag the same issue mAmar Sai Ram & others Vs. State of Chhattisgarh & others [W.P. (S) No. 4725/2006] by order dated 01.09.2006, allowed the petitioners to make a representatioa alang with copy ofthe petition and annexures within a period often days, raising all their gnevances and in tum the concemed resp<»dmt was directed to decide the representation in an objective manner within a penod of 30 days &om fhe date of reeeipt of the representation. 5. Accordingly, fhe petitioners are granted liberty to make a rqn'eseiitation raising all their gievances and ia tum, the concemed respondent is directed to decide the representation, if any, m accordance witii law, on ite ovm merits, withm a period of 8 weeks fltnnthe date ofreceipt ofthe representation. 6. In view ofthe foregoing, this petitioa is disposed of. No OTder asto costs. Sd?- , . . SatishK.A§"ihotn Judge Amit