C^-^c^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (S)No.TT?-5J^ OF 2010. e,,a» -r-r^—'Qlfi ^SJC St.tvW PETITIONER KO^"J; ^~>tf.'-\c: fugal Kishore Soni, S/o. D. R. Soni, aged about 56 years, Head Master, Govt. Middle School Dumarpani, ^•^•^? ^••.YC^- \ y Block Narharpur, District Kanker (C. G.) ^>y^-v\^' ^c,.-' ^,;» • •>-?• VERSUS RESPONDENTS :1." State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2. Assistant Coramissioner, Tribal Welfare Department, Kanker, District Kanker (C. G.) 3. Block Education Officer, rJCI-t ^?r ^«• Kaefeer, District Kanker (C. G.) . 4. Treasury Officer, Treasury Account 85 Pension, Kanker, District Kanker (C. G.) S-V-.^ '^ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH : BiLASPUR 'WRIT PETITION (S) N0.7714 OF 2010 •M' Versus Juaa! Kishore Soni State of Chhattisaarh & Others (Wrii Petition under Article 226 of the Constitution of India) Single Bench : Hon'bie Shri Satish K. Agnihotri, J. Present:- Shri Somkant Verma, Advocate for the petitioner. Shri Sushii Dubey, Government Advocate for the State. ORDER fORAU (Passed on Shis 3 day of January, 2011) The petitioner was initiatly appointed on a fb<ed pay of Rs.100/-. After compietion of the probation period, the petitioner was granted regular pay scale. l-earned counsei appearing for the petiiloner submits that the issue involved in the case is asto whether, the petitioner is entitled to 2. 3. regular pay sca.ie w.e.f. the date of initial appointment or after compietlon of probation period The issue involved, herein was considered by the Madhya Pradesh State Adminlstrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), wherein it was held that the similariy situated teachers were entitied to reguiar pay scale w.e.f. the date of initial appointment. The matter was taken up to the Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Supreme Court upholding the decision of the Tribunat to the effect that the Teachers/ Assistant Teachers are entitled to regular oav scate from date or initial appointment. jd£ f'F€\ f fe^ssa,, | ••.a;®-^| ^ J/ ^•^&y 6. z n Learned counsel appearing for the petitioner also submits that this •'•{y court, while considering the same issue in Amar Sai Ram & others v. State of ChhatSsgarh & others [W.P. (S) No.4725/2006] by order dated 01.09.2006, allowed the petitioner to make a representation within a period of ten days, raising ail their grievances. Accordingly, the petitioner is granted liberty to make a representation raising all the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with iaw and the aforestated decisions, on its own merits, within a period of 8 weeks from the date of receipt of the representation, subject to verification of the facts. In view ofthe foregoing, this petition is disposed of. Arun Sd/- Satish K. Agnihotri Judge