c^i ^r^ /. ^ (p IN THB HQN»BLEH!GHCOURT OF CHHATTISGARH AT BILASPUR W.P.tSlNO^ ^332- /2009 PETITIONER RESPONDENTS l..<-^ ..-^ -^ ^^ ...-•••^••y ^•"yy ^y.'-"y y' ^' Smt. Jamani Ekka, W/o Sandhya«hToppo, aged about 50 years, Tribal Welfare Primary School, Kharwatoli, Block- Kunkuri, Distt. Jashpur (C.G.) VBRSUS : 1.^ State of Chhattisgarh Through :- The Secretary, TnbalWelfare Department, D.K.S. Bhawan, Raipur (C.G.) Assistant Conimissioner, Tribal Welfare Department Jashpur, Distt.- Jashpur (C.G.) Education Officer, Kunkuri, Distt.- Jashpur ^(C.G.) IT^ a^^c-f" Ty^At^- <?fe<-r Treasury, Account 85 Pension Jashpur, Distt.-Jashpur (C.G.) 2. ^" 3.^ Block H' .4. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. ^o '-?• HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETiTlON (S) N0. 7332 OF 2009 PETiTIONER Smt Jamani Ekka RESPONDENTS Versus State of Chhattisgarh & Others QA/rit Petition under Article 226 of the Constitution of India) Single Bench : Hon'ble ShriSatish K. Agnihotri, J. Present:- Shri Somkant Verma, counsel for the petitioner. Shri N.N. Roy, Panel Lawyer for the State. ORDER (ORAL) (Passed on this 16th day of December, 2009) 1. Witti the consent of leamed counsel appearing for the parties, the petition is heard finaily. 2. The petitioner was initially appointed as Assistant Teacher on a fixed pay of Rs.1200/- in the year 1993. After completion of the probation period, the petitioner was granted regular i»y sCTle in the year 1995. 3. Learned counset appearing for the petitioner submits that Vne is®ue invotved in ttie case is asto whether, the petitioner is entttled to regular pay scale w.e.f. the date of initia[ appointment or after Gompletion of probation period. 4. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 ottiers Vs. State of M.P. & othere), wherein it was held that the simitariy situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to the Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said pet'rtion was dismissed by the Supreme Court uphoiding the decision of the Tribunal to the effect that the Teachers/ ,^;3!T%. i\-^ ^. 1%"< "^&^ Gowri Assistant Teachers are entitled to regular pay scaie from date of initiai appointment. Leamed counsel appearing for the petitioner also submits that this court, whiie considering the same issue in Amar Sai Ram & offwrs v. State of Chhattisgarh & others JW.P. (S) No.4725/20061 by orcter dated 01.09.2006, allowed the petitioner to make a representation within a period often days, raising all their grievances. Accordingly, the petitioner is granted tiberty to make a representation raising ali the grievances in tight of the aforestated judgment and the circujar dated 13.01.2009 (Annexure P/2) and in tum, ttie concerned respondent is directed to decide the representation, if any, in accordance with iaw and on ite own mertts, within a period of 8 weeks from the date of receipt of the representation, subject to verification of the facts. In view of the foregoing, this petition is disposed of. No cwder asto costs. Sd/- Satish K. Agnihotri Judge