0%1M2/f ’ ’ 7; magie Bench IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (6.6.) w.P. (s)No.‘ Eé G? /2011 (/1 Chifranjan Pr'asad Chqudharj Aged about 58 year‘s, S/o Rom Kewal Choudhari’ Upper Division Teacher, Governmem‘ Middle School, Ko7fhari, Block Karfala Dis’rric‘l— Kor'ba (C.G.) r/ VERSUS m0“ V‘l RESPONDENTS : 1. Slafe of Chhall‘isgar‘h Through Secrefar'y, Flrg'N‘Nw Tribal Welfare Departmen’r DVK.S. Bhawan, Raipur (C.6.) 2. ”The Commissioner Tribal Welfare Deparl’menl Raipur (C.G.) 3. " Assistant Commissioner kl Trible Welfare Department Korba (C.G.) 6/ 4. Join‘r Direcfor, Treasury, accoun’rs and pension, Bilaspur (C.G.) 5. Block Educa‘lion Officer Kar’rala, Dis‘rricf- Korba (C(71) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA mm m..Eé>.w.:.§.§ié%..%voo mm (Wm animmfaw WW Wm $aifrmm rivastava, J. mmm SB : Hon’bie Shri Manindra Mohan Sf 04-07-2011 Shri Basant Kaiwartya, counsel fc Ms, Sunita Jain, Panel Lawyerfo hnally. With the consent of learned counse8 for the parties, the matter is heard The pet‘rtioner is appointed on a nxed pay of Rs.150/—. After successfully completing the probation period of 2 years, he was granted regular pay scale. 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 eiTect from the date of initiai appointment or after completion of probation period The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabaipur in 0. .No.2745i89 (Madhukant Yadu and 56 others v. State ofM.P. & others), w'n rein, it was held that the similariy situated teachers are entitled to regular pay cale with effect from the date of initial appointment. The matter was taken u to the Hon‘ble Supreme Court in special Leave Petition (Civil) No.6892l93, The aid petition was dismissed bythe Hon‘ble Supreme Court, upholding the decisi n of the Tribunal to the effect that the Teachers/Assistant Teachers are entitl d to regular pay scale from the date of initial appointment. Learned counsel appearing fort petitioner further submitsthat this Court, while considering the same issue in Amar Sai Ram & Others v. State of Chhattisgarh & Others [WP,(S) No. 725/2006] by order dated 01/09/2006, 1‘, allowed the petitioners to make a re resentation within a period of ten days, k raising all their grievances and in turn ne concerned respondent was directed to rr the petitioner. the State. 3E W, @T’HW i W xHHFH§HHEE mm (Wu) WWW ,Q, decide the representation in an objective manner within a period of 30 days from the date of receipt ofthe representation Learned counsel r'or the petitioner further submits that the State Govt. has /ith the cases of the nature involved in the mm %@m aw‘afzmm issued a circular on 27/12/08 to deal v petition. Accordingly} the petitioner is (‘granted liberty to make a representation he aforesaid judgment and circular dated d respondent is directed to decide the th law, on its own merits, within a period of if the representation, subject to verihcation raising ali his grievances, in light ofi 27/12/08, and in turn, the concerns representation, if any, in accordance w three months from the date of receipt i of the facts. in view of the foregoing, this pet tion is disposed 93W Sdl— ' t nindra Mohan Shrivas Judge M aVa Ma . wtemzsatgtzoo