/ ^> IN THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No.ff3/^9 /2011 PETITIONER ^^^ ^^ir' ^'^' RESPONDENT /^^-'->%>, /s/' ^;vt ] ^ | ^.y^^'SS.^L^ '•t\ ^-^A- •. "i^^. .^.^ ^Qf!^y>~ Dineshwar Ram Bhagat, son of Kehta, aged about 50 years, working as Head Master, Govt. Middle School, Bhandardand, Block Batouli, District Sarguja (Chhattisgarh) VERSUS 1. State of Chhattisgarh, through the Secretary Tribal Welfare Department Ministry D.K.S. Bhawan, Raipur (Chhattisgarh) 2. Commissioner, Schedule Tribe and Schedule Caste Development, Chhattisgarh, Raipur (C.G.) 3. Assistant Commissioner, Tribal Welfare Sarguja, District Sarguja (Chhattisgarh) 4. Block Education Officer, Block Batouli District Sarguja (Chhattisgarh) 5. Joint Director, Treasury, Accounts, Sarguja (Chhattisgarh) WmT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH : BILASPUR S.B.: Hon'ble Shri Maxiindra Mohan Shrivastava, J. PETITIONBR RESPONDENTS Writ Petition (Sl No.3159/2011 Dineshwar Rain Bhagat Versus State of Chtiattisgarh and others Writ Petition u/A 226 of the Constitution of India Present: - Shri C.J.K. Rao, counsel for the petitioner. Shri N. Naha Roy, Panel Lawyer for the State, on advance copy. ORALORDER (Passed on 22nd June, 2011) 1. Heard leamed counsel for fhe parties. 2. The petitioner was appointed as Deputy Teacher on a fixed pay of Rs. 150/-. After successfully completmg fhe probation period, he was granted regular pay scale. 3. Leamed counsel appearing for the petitioner submits that the issue involved in tlie case is as to whether, fhe petitioner is entitied to regular pay scale with efiect from fhe date of initial appointment or after completion of probation period. 4. The issue mvolved herein was considered by fhe Madhya Pradesh State Administrative Tribiinal, Jabalpur in O.A.No.2745/89 {Mculhukctnt Yadu and 56 others v. State ^. ^ 1 j <y qf M.P. & others), whereiii, it was held that the sim.ilarly situated teachers are entitled to regular pay scale witli effect from the date of initial appoiutiiient. The matter was taken up to the Hon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. The said petition was dismissed by the Hon'ble Siipreine Court^ upholding the decision of the Tribunal tD tl~ie effect that the Teachers/Assistant. Teachers are entitled to regular pay scale from fhe date ofinitial appointinent. 5. Leamed counsel appearing for fhe petitioner fi.u'fher submits that fhis Coiirt, while considering ftie same issue in Amar Scd Ram & Others v. State of Chhattisgarh Ss Others [W.P.(S) No.4725/2006] by order dated 01/09/2006, allowed fhe petitioners to make a representation wittiin a period of ten days, raising all thetr grievances. 6, Accordingly, the petitioner is gi'anted liberty to make a representation raising all his grievances in liglit of tlie aforesaid judgment and order dated 27.12.2008 (Annexure P-3), and m tum^ the concerned respondent is dh'ected to decide ttie representation, if any, in accordance with law, on its own merits, within a period of fhree months from the date of receipt. of the representation, subject to verilication ofthe facts. 7. In view of the foregoing, fhis petition is disposed of. No order as to costs. Praveea Sd/- Manindra Mohan Shrivastava Judge