C^'3£rrff^ l^- IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR PETITIQNERS: ^%^/ c°y \/ f^O^/ /J?^y A<- v?;^ RESPONDENTS w.p.rs.iNp. ia'^0 /2oio / 1) ' Vishwanath Sahu S/o Shri Ghasi Ram Sahu, Aged about 60 yeaTS, Head Master, Primary School Seepat kala, Block Malkharoda, District Janjgir-Chainpa (C.G.) 2) ^ Dhanpat Ram Bareth S/o Shri Khoraram Bareth, aged about 60 years, Upper Division Teacher, Govermnent Middle School Mohandikala, Block Malkharoda, District Janjgir- Champa(C,G.) 3) F Patalu Ram Sidar S/o Shri Chinta Ram Sidar, Aged about 60 years, Head Master, Middle School, Seepat Kala Block MaUdiaroda, District Janjgir-Champa (C.G.) VERSUS 1. ^ State of Chhattisgarh: Through The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) 2.' The District Education OfEieer, Janjgir, District JaLrygir-Chaitnpa (C.G.) t !iii'"!!:|J'!i"" !i!l;:!lS^ " i !"; ;p jjgy -^tg^^•3T@:5ar?^fR^tW»ya^a»3S[fcMlMBl[«.>.iAI*a^>^IseB!^^g^iSgdsa C5 3. The Block Education Officer, Block Malkharoda, District Janjgir-Champa (C.G.) WRIT PETITION UNDER ARTICLE 226^ OTL THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. HIGH COURT OF CHHATTISGARH: BiLASPUR WRIT PETITSON (S) N0. 1230 OF 2010 'ETiTIONERS Vishwanath Sahu & Ctthers RESPONDENTS Versus State of Chhattisflarh & Others Petition under Article226 of the Constitution oflndia) Singie Bench : Hon'bie Shri Satish K. Present:- Shri D.R. Patet, counsel for the Shri A.V. Sridhar, Panel Lawyer for the State. 6RDER(ORALy (Passed on this 25s1* day of March, 2010) 1. With the consent of iearned counsei appearing for the parties, the petition is heard finaily. 2. The petitioners were initiatty appointed on a flxed pay of Rs.100/- in the year 1973. After comDletion of the probation period, the petitioners were granted regular pay scaie of Rs.169/-. 3. Learned counsei appearing for the petitioners submits that the issue invoived in the case is asto whether. the Detitioners are entitfed to reguiar pay scale v/.e.f. the date of initial appointment or after completion of probation period. 4. The issue involved, herein was considered by the Madhya Pradesh State AdminiStrative Tribunal, Jabalpur in O.A. No. 2748/89 (Madhukant Yadu snd 56 others Vs. State of M.P. & others), wherein it was held that the simiiariy situated teachers were entitled to regular payscale w.e.f. the date of initial appointment The matter was taken up to the Supreme Court in Speciai Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Supreme Court UDholding the decision of the Tribunal to the effect that the Teacheis/ IA 6. Assistant Teachers are entitled to reguiar pay scale from date of initiai appointment. Learned counsei appearing for the petitioners also submits that this court, while considering the same issue in Amar Sas Ram & others v. Stste of ChhatSsgarh & others W.P. (S) No.4725/20061 by order dated 01.09.2006, allowed the petitioner to make a representation within a period often days, raising a!! their grievances. Accordingly, the petitioners are granted iiberty to make a representstion raising a!! the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with iaw and theaforestated decisions. on its own merits, of receipt of the within a Deriod of 8 weeks from the reDresentation. subiect to verification ofthe In view of the foregoing, this petition is dis asto costs. Gowri Sd/- SatishK.Agnihotri Judge ^-^^t'^^EStSSS^.SSS^^