tn" 6D ^^ le^T--- ;!? THEJIIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (S) No. ~^^ 2_-1 OF 2010. PETITIONER \^1 y^ ,c^..^-^^ 3&^B9^" •w"'''^-}.-•••' •)??•- S.o1 -•£:'• RESPONDENTS ^' Nemsingh Jain, S/o. Dariyan Singh, aged about 52 years, Head Master, Govt. Primary School Dargahan, Block Charama, District Kanker (C. G.) VERSUS : 1'. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) ^ ''y.^~'<'^. 2. Assistant Commissioner, Tribal Welfare Departanent, Kanker, District Kanker (C. G.) r 3. Block Education Officer, Charama, District Kanker (C. G.) ^' 4. Treasury Officer, Treasury Account SE Pension, Kanker, District Kanker (C. G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTtSGARH : BILASPUR IT PETITION (S) N0.7721 OF 2010 yi Versus Nemsingh Jain State of Chhattisgarh & Others (Writ Petition under Article 226 of the Constltution of india) Singie Bench : Hon'ble Shri Satish K. Agnihotri, J, Present:- Shri Somkant Verma, Advocate for the petitioner. Shrl SushH Dubev, Government Advocate for the 3. ORDER(ORAL) (Passsd on this 3 day of January, 2011) 1. The petitioner was initiaily appointed on a fixed pay of Rs.100/-. After completlon ofthe prqbation period, the petltioner was granted rsgular pay scaie. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitied to regular pay scaie w.e.f. the date of initial appointment or after compietion of probation period. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunai, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), wherejn it was held that the similarlv situated teachers were entiiied to regular oav scaie 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 uphoidina the decision of the Tribunal to the effect that the Teachers/ Assistant Teachers are entitied toregular pay scale from date of initial appointment. ^.••s.^& 8- Arun 4 s^ ^ Learned counse! appearing for the petitioner also submlts that this court, white considering the same issue in Amar Sai Ram & others v. State of Chhattisgarh & others [W.P. (S) No.4725/2006] by order dated 01.09.2006, aliowed the petitioner to make a representation within a period of ten days, raising all their grievances. Accordingly, the petitioner is granted liberty to make a representation raising al! the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with !aw 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 ofthe facts. In view of the Toregoing, this petition is disposed of. Sd/- Satish K. Agnihotri Judge