-.^ ^..;^f..^::.^s^ ^^y^ ••^^-t ^^ ^^ ^ler^- ^ ^^' IN THE HON'BLE HI6H COURT OF CHHATTES6ARH AT BILASPUR WRTT PETTTION (S) NO%°I /2009 PETTnONER RESPONDENTS VERSUS ^l. 2. Jagannath Prasad Yadav, aged about 53 years, Son of Shri Anantram yadav, Patel, posted as "Upper Division Teacher", at Govt. Middle School- Gatadih (Sarangarh), Block <& Tah3il- Sarangarh, bistt- Raigarh (C.G.) The State of Chhattisgarh, Through- The Secretary, Department of School Education, Mantralaya, Dau Kalyan Singh Bhawan, Raipur (C.G.) The District Education Officer, Raigarh, District - Raigarh (C.G.) WRTT PETmON U/A - 226 OF THE CONSTTTUTEON OF INDIA ir~-- HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 7301 of2009 PETmQNER RESPONDENTS Jagaiinatli Prasad Yadav. VERSUS The State of Clihattisgarh & aiiothex\ WRIT PETITION U/A 226 OF THE CONSTITUTION OF INDIA SB: Hoa'fele SIiri Satish K. Aeaihotri. J. Present: Shri Roop Naik, Advocate for fhe petitioner, Shn P,K,Bhadiui, Paiiel Lawyer for flie State/respoudents, ORDER(ORAL,1 (Passed on 14th day of December, 2009) With Uie consent of the parties, fhe niatter is takeu up for hearing finatly, 1. The petitioner was initially appomted as Assistaat Teacher on a fixed pay of Rs, 100/-. After completion of his probation period, he was graiited rcgular pay scale, 2. Leained counsel appearmg for tlie petitioner subniits ttiat the issue iiwolved m the case is asto whetlier, the petitioner is entitled to regular pay scale w.e.f. fhe date of iaitial appoiatment or after completion ofprobation period. 3. The issue involved, hereiii was considered by the Madhya Pradesh State Admiaistrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukaat Yadu aad 56 others Vs, State of M,P, & others), wherem it was held that tlie similarly situated teachers are entitled to regular pay scale w.e.f. fhe date ofmitial appomtment. Tlie matt.er was takeu up to Hon'ble Supreme Court ia Special Leave Petition (Civil) No. 6892/93, The said petition was disimssed by the Hou'ble Suprenie Court upholding tiie decision of tiie Tribunal to tiie effect tbiat the Teachers/Assistant Teachers are entitled to regular pay scale froni date of iaitial appoiatoient. 4, Leamed couusel appearing for Uie petitioner also subiaits tliat fhis court, while considering the sanie issue iii Amar Sai Rcmz & others v. State of Chhattisgarh & others [W.P. (S) No.4725/2006] by order dated 01.09,2006, allowed fhe petitioners to niake a representation withia a period often days, raisiag all their grievaaces, 5. Accoixlingly, tlie petitioner is gi^nted liberty to aiake a represeutation raisiag all his grievaiices and in tura, the concemed respoudent is directed to decide fhe representation, if aay, ia accordance with law, on its own nierits, wifhta a period of8 weeks froni fhe date of receipt offhe representation, subject to verification ofthe facts, 6, In view of the foregoing, tliis petition is disposed of, No order asto costs. —- Sd/- Satish K. Agnihotri Judge Tb-^kur