^"- /3r:'SS:,€'«G s«n?ji.t \^} @ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT PETITION (S) NO.'2.'2'9^ /2011. PETITIONER: ,.--^ -^< ^My cy .••'''s?^^'"' «s'',--:v"' "?>' . . ^'.y •^y Respondents / Karaal Singh Thakur, son of Ekadashia Singh, aged about 55 years, working as Upper Division Teacher, Govt. Middle School, Jamnipali, N.T.P.C. Korba, Chhattisgarh. versus 1. State of Chhattisgarh, Through The / Secretary Tribal welfare Department, D.K.S.Bhawan, Raipi-ur, Chhatdsgarh. 2. Asst.Commissioner, Tribal Welfare Department, Korba, Chhatdsgarh. 3. Block Eyucation OfBcer, Korba, Chhattisgarh. ^ 4. Joint Director, Treasury and Accounts, Korba, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA "••i. ? w-^S^ i '<....3>^ssa s '-'\^. 'w<^ l^ «/',t.1 IGH COURT OF CHHATT!SOARH,:_B!LASPU! ingje Bench: Hon'ble Shri Manindra Mohan Shrivasiava,^?. l.A?01 !DEft iT PETITION t'Si N0.3309/; Kamal Sinah Thakur Versus State of Chhattisgarh and others FRiT PETSTiON Ui resent: - Shri Harish Shri Vinay F i, counsel for the petttioner. Panel Lav/yer for the State. (Passed on 27 The petitioner was initially appointed as DepuSy Teacher on a fixed pay Rs.150/-. After compietion of his probation period, he was granted regular pay scaieofRs.169-300/-. 2 . Learned counsel appearing for the petitioner submitted that the issue involved in the case is as to whether the petitioner is enfitted to regular pay scale with effect from the date of initial appointment or after completion of probation .period. 3. The issue involved hereln was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A.No.2745/89 Yao'u and 56 Others v. ofM.P. & others), wherein it was held that the sim'!ar!y situated teachers are entitted to regular pay scaie with effect from the date of initial -appointment. The matter was taken up to the Hon'bie Supreme Court. The appea! was dismissed by the Hon'ble Supreme Court upholding the decision of .^^•;, 2-- the Tribuna! to the effect that the Teachers/Assistant Teachers are entitied to regular pay scaie from the date of initia! appointment. 4. Learned counsel appearing for the petitioner further submits that this while considering the same issue in Amar Sai & Others v. of & Others, W.P.(S).No.4725/2006, by order dated 01-09-2006, wed the petitioners to make a representation within a period of ten days, raising all the grievances. Accordingly, the petitioner is granted liberty to make a representation raising al! grievances in light of the aforestated judgment and order dated 27-12-2008 (Annexure P-3) and in turn, the concemed 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 recelpt of the representation, subject to verification of the facts. 6. In vlew ofthe foregoing, this petition is disposed of. No order as to costs. Sd/- Manindra Mohan Shrivastava Judge i urnsne