c-^-\ IN THE HON'BLE HIGH COURT OF CHHATTCSGARH AT BILASPUR WPXS} N0. 9 J-9^ /2QQ9 PETCTCONER / ^.^'- ^s^ ^y^ ^".. RESPONbENTS Rajmahal S/o Shri Kayar Ram, aged about 49 years, Upper Division Teacher, Govt. Higher Secondary School, Korea colony, Block- Baikunthpur, Distt. Korea (C.G.) VERSUS ^ : 1. State of Chhattisgarh Through :- The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) ^' 2. birector of Public Instructions, Chhattisgarh, Raipur (C.6.) ^" 3. bistrict Education Officer, District- Korea (Baikunthpur (C.G.) WRIT PETCTEON UNbER ARTCCLE 226 OF THE CONSTITUTCON OF INblA. (^ (Z ^r> HIGH COURT OF CHHATTiSGARH AT BJLASPUR WRiT PET!T!ON (S) No. 7398 of 2009 PETITIONER : Rajmahal. RESPONDENTS VERSUS State of Chhattisgarh & Others. WR!T PETITSON UNDER ARTICLES 226 OF THE CONSTITUTION OF iND!A SB:Hon'bieShriSafehK,Agn[hQtrLJ, Present: Shri A.S.Rajput, Advocate for the petitioners. Shri N.N.Roy, Pane! Lawyerfor the State. ORDER (ORAU (Passed on 17th day of December, 2009) With the consent of the parties, the matter is taken up for hearing finaliy. 1. The petitioner was initlaliy appointed as Assistant Teacher on a fixed pay of Rs. 150/-. After compietion of probation period, he was granted regutar pay scale ofRs. 169-300/-. 2. Learned counse! appearing for the petitioner submlts that the issue involved in the case is asto whether, the petitioners are entitled to reguiar pay scaie w.e.f. the date of jnitial appointment or after completion of probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal; Jabaipur jn O.A. No. 2745/89 (Madhukant Yadu and 56 others Ys. State of M.P. & others), wherein it was held that the similarly situated teachers are entitled to reguiar pay scaie w.e.f. the date of initia! appointment. The matter was taken up to Hon'bie Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'bie Supreme Court uphoiding the decision of the Tribuna! to the effect that the Teachers/Assistant Teachers are entitied to regular pay scale from date of Initlai appointment. 4. Learned counse! appearing for the petitioners also submits that this court, while considering the same issue in Amar Sss Ram & others v. State of Chhattisgarh & others^P. (S) No.4725/2006] by order dated 01.09.2006, aiiowed the petitioners to make a representation within a period often days,raising ail theirgrievances. 5. Accordingly, the petitioners are granted iiberty to make a representation raising ai! his grievances in the light of the aforestated judgment and the judgmentdated 20.01.2009, passed In Rafiq Ahmed Meman v. Stateof Ch.hattisgarh & Others1, and In turn, the concemed respondent Is directed to decide the representations, if any, in accordance with law, on its own merits,within a period of 8 weeks from the date of receipt of the representation, subject to verlfication of the facts. 6. In view of the foregoing, this petition is disposed of. No order asto costs. Sd/- Satish K.Agnihotri Judge 1 W.P.(S) 7090 of 2008