WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITIONER: f As per cause title. 2. PARTICULARS OF THE RESPONDENTS: As per cause title. (AWE www n r. “‘35?“ O IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT ‘BILASPUR WRIT PETITION (S) No. S’gw /2010 PETITIONERS 1. Akhilesh Kumar Tiwari S/o Banshi Lal Tiwari aged about 52 Years, presently working as Upper Division Teacher in ,Govt. Middle School Sukli, Block — Nawagarh, Distt. Janjgir - Champa (C.G.) /2. Kholbahra Ram Banjare S/o Moti Ram Banjare aged about 58 Years, presently working as Head Master in Govt. Middle School Kera, Block —Nawagarh, Distt. Janjgir — Champa (C.G.) ~ y Mgr VERSUS RESPONDENTS: /l. State of Chhattisgarh Through Secretary, Department of Education Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) 2. The DistrictEducation / Officer, District Janjgir- Champa (C.G.) Block Education Officer, Block - Nawagarh Distt. Janjgir—Champa (C.G.) ON HIGH COUQT OF CHHATTISGARH AT BILASPUR Single Bench : Hori‘bie Mi”. Jus’rice Pri‘rinker Diwaker Writ Pe‘mion (S) No‘ 5884 of 2916 PETITIONERS Akhilesh Kumar‘ Tiwari & ana'mer‘ Versus RESPONDENTS Sfcn‘e of Ch’na??isgar'h and ofhers. Mr. Ashwani Shukla, counsei for we pe‘ri‘rieneris. Mrs. Smi’rha 6hai, PL for fhe S‘i'afe. WRIT PETITION UNDER AR‘HCLE 226 OF THE C(3N5TITUTION OF INDIA GRDER (68.10.2910) The peTiTioners were appoimed as Assismm Teacher 0m a fixed pay of R$.150/-. Affer- compie’rion of fheir probm‘ion period, fhey were gran'red reguiar‘ pay scaie of 169-3GO/-. 2. Learned counsel appearing for- The pefifioner‘s Tha’r fhe. issue invoived in fhe case is as fowhefher', The pafi‘rionzr's are ammed ‘fo reguiar‘ pay scale wi’rh effecf from ’rhe dam of inh‘ial appoin‘rmen‘r or' offer compleTion of proba‘rion period. 3. The issue invoived herein wos’ considered by The Modhya Prodesh Sim‘e Adminis‘im’rive Tribunoi, Jobolpur‘ in O.A. No.2745/89 (Modhukoni Yadu and 56 oi‘her‘s v. S‘ro‘re of MP. & o‘iher‘s), wherein if was held The? ihe similarly siiua‘ied ieochers are em‘iiled to regular pay scale wiih effec’r from The dole of iniTiol appointment The maiier was faken up To The Hon’ble Supreme Cour? in Special Leave Peii’rion (Civil) e No.6892/93. The said pe‘li‘lion woe dismissed by The Hon’ble Supreme Cour? upholding The decision of ihe Tribunal io ihe F\H effeci ihoi The Teachers/Assisiani' Teachers are em‘i‘iled i0 regular pay scale from ihe daie of ini‘iial appoin‘imen’i’. I 9W 4. Learned counsei appearing for the pefh‘ioner‘s fur’rher submh‘s that This Caum‘, whiie cansidering The same issue in i Amer (WP. (5) Sui No.4725/2006) Ram & oiher’s by v. Siaie order dafed of Chha‘itisgarh 01/09/2006, & aiiowed athers The peiiiioner's To make a represenim‘icn wiihin a period pf Ten days raising ail Their grievances. 5. Accordingiy, ’rhe pe‘ii'iioner is gran’red Iiberfy +0 make represen‘miicn raising aii his grievance in The lighf of ihe aforesaid judgmeni and The circuiar daTed 13/01/2009 (Annexure'P/z) and in Turn, The cancerned respondem‘ is direcTed To decide The represen’ra‘iian, if any, in accordance wiTh law, on iTs own meriTs, wiThin a period of 8 weeks from The daTe of receip‘r of The represenTaTion subjec’r To verificaTion of The facTs‘ o. In view of The foregoing, The peTiTion is disposed of: No fff order as To cosTs. r; Sd/_ Pritinker Diwaker Judge