^J<A^)/" IN THE HIGH COURT OF^iHHAmSGARH AT BILASPUR W.P. (S)No. '7<,°)t^ OF 2010. PBTITIONERS ^^ ^w ^. y^ s''Jro" ^r' : 1. Baldev Kashyap, S/o. Late Shri Budhu Ram Kashyap, aged about 50 years, Block Education Officer, Block Kunwakonda, District Dantewada (C. G.) 2. Lokeshwar Prasad Verma, S/o. Shri Prabhu Lal Verma, aged about 53 years, Lecturer Govt. Higher'Secondaiy School Bacheli, District Dantewada (C. G.) »8SI ^i'S's" N^ .V-' 3. Smt. Renuka Suna, W/o. ShriV.K. Suna, aged about 54 years, Head Master, Govt. Middle School Sonakukanar, Block Sukma, District Dantewada (C. G.) 4. ' Rarn Kumar Patel, S/o. late Shri J. R. Patel, aged about 56 years, Lecturer, Govt. High School Jhapra, Block - Sukma, District Dantewada (C. G.) RESPONDENTS VERSUS : 1. ^ State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) ^" 2. Assistant Com.missioner, Tribal Welfare Department, Dantewada, District Dantewada (C. G.) Block Education Officer, Sukma, District Dantewada (C.G.) 4."' Block Education Officer, Kunwakonda, District Dantewada (C.G.) 5. Principal, Govt. Higher Secondary School Bacheli, District Dantewada (C.G.) 6. Treasury Officer, Treasury Account and Pension, Dantewada, District Dantewada (C. G.) s-^' WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ~^ ^ •^•, '!''•' .f!: HIGH COURT OF_CHHATTISGARH : BILASPUR WRIT PETITION (S) N0.7598 OF 2010 PETITIONERS Baldev Kashyap & Others Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Somkant Verma, Advocate for the petitioner. Shri A.V. Sridhar, Panel Lawyer for the State. ORDER (ORAU (Passed on this 3rd day of January, 2011) 1. The petitioners were initially appointed on a fixed pay of Rs.100/-. After completion of the probation period, the petitioners were granted regular pay scale. 2. Learned counsel appearing for the petitioners submits that the issue involved in the case is asto whether, the petitio.ners are entitled to regular pay scale w.e.f. the date of initial appointment or after completion of probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & othftrs), wherein it was held that the similarly situated teachers were 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 petition was dismissed by the Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/ Assistant Teachers are entitled to-regular pay scale from'date of^ initial appointment. 4. Learned counsel appearing for the petitioners also submits that this court, while considering the same issue in Amar Sai Ram & others v. State of Chhaftisgarh & others [W.P. (S) No.4725/2006] by order i!" 3 ..rf' ^ <7 Gowri dated 01.09.2006, allowed the petitioner to make a representation within a period oftendays, raising all their grievances. Accordingly, the petitioners are granted liberty to make a representation raising all the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law and the aforestated decisions, on its own merits, within a period of 8 weeks from the date of receipt of the representation, subject to verification of the facts. In view ofthe foregoing, this petition is disposed of. ^ f^^ 6^^e