^ RIGH COURT OF CHHATTT8GARH AT BH.ASPUR WritPe<at£oii<S)No.2496 of2008 PETITIONERS RE.SPONDENTS 1. Banshidhar Verma, S/o Shri Puranjan Lal Vemia, aged about 55 years, occupation Sendce, Posted as Upper Division Teacher, Posted at Go^. Girls Middle School Baramkela. R/o Village Linjir, Post Bengaclii, Tahsi! Baramkela, Distt. Raigarh (CG). 2. Gulal Patel S/o Shri Sadhurain Patel, aged about 54 years, occupation Sen^ice, Posted as Head Master at Midde! School Kapailiisiga, PJo Viliage Dhumabhata. Tahsil Baramkela, Distt. Raigarh (CG). 3. Jagat Ram Nayak S/o Shri Heeraial Nayak aged about 55 years, occupation Ser^ice, Posted as Upper Division Teacher. at Go\t. Girls Middls School Baramkela^ R/o Baramkela, Disttt. Raigarh (CG). 4. Chamni Lal Sidar S/o Shri Goviiid Ram Sidar, aged about 56 years, occupation sendce posted as Head Masler, at Go^. High School Toshir, PJO Village Pewara, Post Devgaon, Tahsil, Baramkela, Distt. Raigarh (CG). 5. Vidyadhar Sao S/o Shri Mohan Lal Sao, aged about 58 years, occupatio!i sen/ice posted as Assistant Teacher at Go\rt. High School Toshir, PJO village Bilaigarh, Post Toshir, Tahsil Bammkela. Distt. Raigarh (CG). 6. Prenishankar Patel S/o Shri Daulat P^am Patel, aged ab out 53 vears, occupation Sendce Posted as Assistaiit Teacher, et Go'i4. Primary Schoo! Kathaii. R/b Viliage Chhotebhandar, Post Bade Bhandar, Tahsil & Distt. (CG). 7. Teklal Nayak. S/'o Shri Gangadhar Nayak. aged aboirt 58 years, occupation sendce po^ted as Assistant Teacher, at Govt. High School Gorra, P../O village Buianki, Post Gorm, Tahsil & Distt. Raigarh(CG). 8. Harishankar Patel S/o Shri Damamdhar Patel, aged about 56 years, occupation service-posted as Assistant Teacher, at Govt. Primary Miingalipali PJo village Dabhara, Baramkela. Distt. Raigarh (CG). VERSUS School Tahsil 1. The State of Chhattisgarh through the Secretaiy Department of School Education. DKS Building, Raipur (CG). 2. Tlie Commissio2ier of Tribal Welfare Development Bilaspur, Distt. Biiaspur (CG). 3. The District Education Officer, Raigarh, Distt. Raigarh(CG). 4. The Director, Public Instmctioo Pension Bada Raipur, Distt. Raipur(CG). (WRIT PETTTION TJNDE.R AJITICLE 226 OF THE, CON^Tm-mON OF INDIA) (8B- HontWe Mr. K. Aemhotri J.) Pieseiit : Shri Susii! Sahii^ Advocate for the petitioiiers. Shri Aiav Dwivedi, Depun' <3o\rt. Advocate for the ideiit.s. OPALORDE.R • (Passed 0x101st day ofMay, 2008) With the -coiisent ofthe pai-ties, t!ie •matter is ta.ken up for heariiig fiiially. L The petitioners were appointed as A^sistaiit Teachers on regular pay scale of P.s. 169-300/- but they were granted fixed pay of Rs. 100/-. AAer completioii oftwo years ofprobation period, they werc graiited regular pay scale. 1. Leamed counsel appearing for the pditioners submits thet the issue inYo!ved iii the case is asto whether^ the petitioners are eiititled to regylar pay scale w.e.f. the date iiiitiai appointment or after completion ofprobaliosi period. 3, The issue invoived, herein was considered by the Madhya Pradesh Slate A^dmimstrative Tribimal, Jabalpur in O.A^. No. 2745/89 (Madhukant Yadu and 56 others Vs. State ofM.P. & others), vvherem it was held that the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appoiiitment. The was taken up to Hon'ble Supreme CQUII in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hoii^ble Supreme Court ^%^» ^ ^: upholding the decision of rthe Tribuna! to the effect that the Teac-!ic2''s/Assistaiit Tcacliers arc e£itltl6d-to resiilBT 'DB.V sca-le frosii da'te of iiiili^l SDDoiiitnieiit. 4. Leamed couiise! appearing for the petitioners also submits that tliis court, while considermg the same issiie m Aiiiar Sai Ram & others Vs. State ofChhattisgarh & others (W.P. (S)No. 4725/2006) by orderdated 01.09.2006, allowed the petitioners to make a representation along with copy ofthe petition asid amiexures withi!i a period often days, raisitig all their grievances m tum tiie conceraed respondent was directed to decide the represeirtation in an objective maniier withm a period of 30 d^ys .from the date ofreceipt ofthe representatioii. 5. Accordmgly^ the petitioners are graiited liberty to make a representation along with a. copy ofthe petition amiexures, withiu a period of 10 days, raising a.11 their grievances and in tum the concemed resposident is directed to decide the represeiitation, if any, in accordasice with law, ou its owil msrits, within a period of30 days from the date ofreceipt ofthe representation. 6. !n view ofthe foregomg, this petition is disposed of No order asto costs. Sd/- Satish K.Agnihotri Judge Sahu