rLgt HEGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION gS} No. 6773 0f2006 Laxmi Narayan Soni S/o Shri Shiv Ram Soni, Aged about 48 years, Asst. Teacher, Prathmik Shah, Vichaxpur, Block Sahaspur Lohara, District Kabirdham (C.G.) VERSUS RESFONDENTS : 1. Staie of Chhattisgarh Thmugh Secretary: School Education Department, D.K.S. Bhawan, Raipur, (C.G.) District Education Officer, Kabirdham (C.G.) Block Eciucation Oificer, Block Sahaspur/Lohara, District Kabirdham (C.G.a) _ WRIT PETXTION UNDER ARTICLE 2‘26 OF THE CONSTITUTION OF INDIA ' SB: Hon’hle $hri Satish K. AgnjhotriLJ. ww Present: Shri Deepak Jain, Advocate for the petitioner. Shri Arvind Dubey, Panel Lawyer for the State/respondents. ORDER {ORAL} (Eassed on 24 day of June, 2009) l. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs. 4000/-. After oompletion ofhis probation period, he was granted regular pay scale. 2. Leamed counsel appearing for the petitioner submits that the issue invoived in the case is asto whether, the petitioner is entitled to regular pay scale wef. the date of initial appointment or aher completion of probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in 0A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to Hon‘ble Supreme Court in Special Leave Petition (Civii) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribunal to the efTeet that, the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. :Lé& . Learned counsel appearing for the petitioner also submits that this court, While conSidering the same issue in Amar Sai Ram & others Vs. State of Chhattisgarh & others UMP. (S) No. 472512006} by order dated 01.09.2006: allowed the petitioners to make a represemation along with copy of ihe petition and annexures within a period often days; raising all their grievances and in turn the concerned respondent was directed to decide the representation in an objective manner Within a period of 3O days from the date of receipt ofthe representation. . Accordingly, the petitioner is granted iiberty to make a representation raising all his grievances 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 8 weeks from the date of receipt of the representation, subject to verification ofthe facts. 6. in View ofthe foregoing, this petition is disposed of. No order asto costs. Sd/— Satish K. Agnihotri 1 Judge Amit l