C9 €33 Single Bench IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (6.6.) W.P. (5) NO. V1696 /2011 / PETITIONER : Gulab Singh Sidar‘, Aged abouf 56 years, S/o Shri Deenbandhu, Head MasTer‘, Governmem‘ Primary School Seepm‘khurd Block Malkharod, DisTf. Janjgir—Champa (C.G.) VERSUS : S’rafe of Chha’rfisgar‘h REsPONDENTs Through Secre‘rary, School Educa‘rion Deparfmen’r D.K.S. Bhawan, Raipur (C.G.) 2. DiSfr‘ic’r Educcm‘on Officer Disfricf Janjgir-Champa (C.G.) 3. JoinT Direcfor, Treasury, Accoun’r & Pension Bilaspur Division, Bilaspur (C.G.) 4. w Block Educafion Officer, Block 4M Malkharod, Disfl. Janjgir—Champa (C.G.) 5/ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA PETITIONER RESPONDENTS ‘V Writ Petition uIA 226 of the Constitution of India Present: - Shri 5. K. Pandey, counsel forthe petitioner. Shri N. Naha Roy, Panel Lawyer for the State/respondents on advance ‘ copy. > ORAL ORDER (Passed on 12‘“ August, 2011) With the consent of learned counsel for the parties, the matter is heard finally. 1. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs.100l—. After successfully completing the probation period of 2 years, he was granted regular pay scale. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is as to whether, the petitioner is entitled to regular pay scale with effect from 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.2745l89 (Madhukant Yadu and 56 others v. State of M.P. & others), wherein, it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to s the Hon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. J,~A~#AVA A“ ‘ \ The said petition was dismissed by the Hon'ble Supreme Coud, upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment. . Learned counsel appearing for the petitioner further submits that this Court, while considering the same issue in Amar Sai Ram & Others v. State of Chhattisgarh & Others [\N.P.(S) No.4725/2006] by order dated 01/09/2006, allowed the petitioners to make a representation within a period of ten days, raising all their grievances. . Learned counsel for the petitioner further submits that now the State Govt. has issued an order on 5‘“ January, 2011, wherein, it has been ordered that those who have been appointed before 1982 and after 1995 on a fixed pay, are entitled to regular pay scale from the date of initial appointment upon successful completion of 2 years period of probation. . Accordingly, the petitioner is granted liberty to make a representation raising all his grievances in light of the aforesaid judgment and circular dated 5.1.2011, 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 three months from the date of receipt of the representation, subject to verification of the facts. . In view of the foregoing, this petition is disposed of. No order as to costs. w— Sd/— “I Mauindra Mohan Shrivastava Judge Tumane