mm gigaaggg Cb" \Wj'V IN THE HIGH COURT OF CHI-IATTISGARH AT BILASPUR (CHHATTISGARHI WRIT PETITION s No.€2?§ 2009. 8/ / ¥ PETITIONER: Manuwel Lakda, son of Late Patras ‘Lakda, aged about 61 years, Head Master, Govt. Primary School, Budhadand, Tahsil Bagicha, District Jashpur, Chhattisgarh. Versus Resgondents 1. State of Chhattisgarh,‘Through The ' Secretary School Education Department, D.K.S.Bhawan, Raipur, Chhattisgarh. 2. District Education Officer, Jashpur, District Jashpur, Chhattisgarh. ; 3. Block Education Officer, Block Bagicha, District Jashpur, — Chhattisgarh 4. Joint Director, Treasury, Accounts, Jashpur, Chhattisgarh. RIT PETITION UNDER ARTICLE 226 OF THE W CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITiONEmS): As mentioned in the Cause title. /L/ r HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 6278 of2009 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Slu'i Satish K. Agnihotri? J. Present: Shri C.J.K.Rao, Advocate with Shri Harish Khuntiya‘, Advocate for the petitioner‘ Shri Y.S.Thakur, Deputy Advocate General for the State. ORDER ORAL (Passed 011 04 day of November, 2009) With the consent of learned counsel for the parties, the matter is heard finally. 1. The petitioner was appointed as Deputy Teacher on 22nd November, 1973 (Annexure P/l) on a fixed pay of Rs. 100/—. After completion of his probation period, he was granted regular pay scale. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitled to regular pay scale we]: the date of initial appointment or after completion ofprobation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalgiur in O.A. No. 2745/89 (Madhakant Yacht and 56 others v. State ofMP. & others), wherein it was held that the similarly , situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the I Hon'ble Supreme Court upholding the decision ofthe. Tribunal to the effect that PETITIONER : Manuwel Lakda. VERSUS RESPONDENTS : State of Chhattisgarh & Others. the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. 4-. Learned counsel appearing for the petitioner also submits that this court, while considering the same issue in Amar Sai Ram & others v. State qfChhattisgarJ/z & others [W‘R (S) No. 4725/2006] by order dated 01.09.2006, allowed the petitioners to make a representation along with copy of the petition and annexures within a period of ten days, raising all their grievances and in tum the concerned respondent was directed to decide the representation in an objective manner within a period of 3O days from the date of receipt of the representation. 5. Accordingly, the petitioner is granted liberty to make a representation raising all his grievances and in turn, the concerned respondent is directed to decide the representation, 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 verification ofthe facts. 6. In View ofthe foregoing, this petition is disposed of. No order asto costs. Sdl- 1 SatishK. Agnihntri Judge