11E 51 3"l a~0 / IN THE HON'BLE HI6H COURT OF CHHATTES6ARH AT BILASPUR w.P.(S}NO.'r'^^> /2010 PETITCONER ' \^^%^' ^^^ ..•••""'-^^v\v ••^,-- '•T^^-' RESPONDENTS / bevlal Dewangan, S/o Shri Kusu Ram Dewangan, aged about 49 years, Upper Division Teacher, Govt. Middle School, Parsada, Block- Sakti, bistt. Janjgir- Champa (C.6.) VERSUS 1. State of Chhattisgarh Through :- The Secretary, Education Department, D.K.S. Bhawan, Raipur (C.6.) ^'2.. District Education Officer, Distt. Janjgir-Champa (C.6.) 3. Block Education Officer, Sakti, Distt. Jangir-Champa (C.6.) 4. Joint Director, Tr'easury, Account & Pension, Bilaspur, Distt.-Bilaspur (C.6.) WRIT PETCTION UNDER ARTICLE 226 OFJ'HE CONSTITUTCON OF INDIA. ^ HIGH COURT OF CHHATnSGARH AT BILASPUR WRIT PETITION (S) No. 7723 of2010 PETITIONER : Devlal Dewangan. VERSUS RESPONDENT8 : State ofChhattisgarh & Otfaers. WRIT PE'ITIION UNDER ART1CLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Agnihotri, J. Present: Shri A-S.Rajput, Advocate for the petitioner. ShriN.N.Roy, Paiiel Lawyerforthe State/respondents. ORUER(ORAL) (Passed on 13m day of January, 2011) 1. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs. 150/-. After completion ofhis probation period, he was granted regular pay scale. 2. Leamed counsel appearing for the petitioner submits that the issue involved in fhe case is asto whether, the petitioner is entitled to regular pay scale •w.e.f. the date mitial appointment or after completion of 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State ofM.P. & others), wherein it was held that tUe similarly situated teachers are entitled to regular pay scale w.e.f. the date ofimtial appointaient. The matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme Court upholding the deeision ofthe Tribunal to the effect that the ^r:^:i ;.^-.. .\ a 8 ^ s y .f ^Sf -?-' Teachers/Assistant Teachers are entitled to regular pay scale ftom date ofinitial appointment. 4. Leamed counsel appearing for the petitioner also submits that this court, while considering the same issue vs.AmarSaiRam & others Vs. State of'Chhattisgarh & others [W.P. (S) No. 4725/2006] by order dated 01.09.2006, allowed the pefitioners to make a representation along witfa copy ofthe petition and annexures within a period often days, raising all their grievances and in tum the concemed respondent was directed to decide the representation in an objective manner wittun a period of 30 days from the date of receipt of the representation. 5. Accordingly, the petitioner is granted liberty to make a represeatation raising all his grievances and in tum, the conceraed respondent is du-ected to decide the representation, if any, in aecordanee with law, on its own merits, within a period of8 weeks fi-om the date ofreceipt ofthe representation. 6. In view ofthe foregoing, this petition isdisposed of. No order asto costs. Sd/- Satish K. Agnihotri Judge Aimt