^ ^ zse^ BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR &1 W.P(S)No. ^^1 of 2011 ° PETITIONER RESPONDENTS \ ^:^^. ^ ^':...-'^-',..•••• ^•y^' ^?^^-^>"' i?"'"^^ ..•••"\ ^ .•••"\> /^ Dheeraj Ram Tekarh, aged about 52 years, S/o Late Shri Dhan Singh Tekam, Headmaster, Government Primary School Telinbandha, Block- Chhuriya, District-Rajnandgaon (C.G.) VERSUS :1. State of Chhattisgarh, Through : the Secretary, Department of School Education, D.K.S. Bhawan, Raipur (C.G.) 2. District Education Officer, Rajnandgaon, District Rajnandgaon (C.G.) 3. Block Education Officer, Block- Chhuriya, District Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OFINDIA. o' ';:A,,.-.^ t.' y ',:, ':k. ^""^ 1 ^/^ t.^.., .v^ H!GH COURTOF CHHATTISGARH : BILASPUR WRIT PETITiON (S) N0.24 OF 201 Dheerai Ram Tekam State of Ghhattisaarh & Others (Writ Petition under Articie 226 of the Constitution of India) Singie Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shrl Goutam Khetrapal, Advocate for the petitioner. Shri Sushi! Dubey, Government Advocate for the State. ORDER(ORAU (Passed on this 5th day of January', 2011) 1. The petitioner was initialiy appointed on a fixed pay of Rs.150/-. After compietion of the probation period, the petitioner was granted regular pay scale. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether; the petitloner is entitied to reguiar pay scale w.e.f. the date of initlal appointment or after comptetion of probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Admlnistrative Tribunat, Jabaipur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & ofhers), wherein it was held that the similarly situated teachers were entitled to regutar pay scale w.e.f. the date of initial appointment. The matter was taken up to the Supreme Court in Special Leave Petition (Civii) No. 6892/93. The said petition was dismissed by Ihe Supreme Court upholding the decision of the Tribuna! to the effect that the Teachers/ Assistant Teachers are entitled to regular pavscaie from date of initiai appointment. 3^ t>. Learned counse! appearing for the petrtioner also submits that this court, whlie cQnsidering the same issue in Amar Sai Ram & others v. State ofChhattisgarh & others [yV.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 petltioner is granted liberty to make a representation raising a!l 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, subiect to verification ofthe facts. In view ofthe foregoing, this petition is disposed of. Sd/- Satish K. Agnihotri Judge