c/zF ‘ W 3m 55W IN THE H’ ONBLE HIGH COURT OF CHHATTISGARH AT BILASPUR ’1) W.P.(S)No. 1? 0f 2011 PETITIONER /:: Bhupendra Kumar Tiwari, S/o. Shri Hanumat Prasad Tiwari, aged about 59 Years, working as Head Master, Govemment Middle School, Pathiyapali, Block Kartala, District Korba (C.G.) h ESPONDENTS / :1) State of Chhattisgarh, through, Secretary, Tribal Welfare Department, D.K. S. Bhawan, Raipur- (C.G.) The Commissioner Tribal Welfare Department, Raipur (C.G.) Assistant Commissioner Tribal Welfare Department, Korba, District Korba (C.G.) Joint Director, Treasury Accounts 8t Pension, Bilaspur (C.G.) Block Education Officer, Korba, District Korba (C.G.) m Versus R , WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATI'ISGARH : B!LASPUR. WRIT PETITION (S) NO.423 OF 2011 PETITIONER Bhupendra Kumar Tiwari W Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri Basant Kaiwart, Advocate for the petitioner. Shri Y.S. Thakur, Dy. Adv. General for the State. ORDER ORAL (Passed onthis 24‘ day of January, 201 1) The petitioner was initially appointed on a fixed pay of Rs.100/— on i- 1—7—1976 and thereafter pay of Rs.150 was fixed/-. After completion of the probation period, the petitioner was granted regular pay scale. Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitled to regular pay scale w.e..f. the date of initial appointment or after completion of probation period. 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 of M.P. & others), wherein it was held that the similarly situated teachers were entitled to regular 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 Tribunal to the effect that the Teachers/ Assistant Teachers are entitled to regular pay scale from date of initial appointment. Learned counsel appearing for the petitioner also submits that this court, while considering the same issue in Amar Sai Ram & others v. State of Chhattisgarh & others [W.P. (S) No.4725/2006] by order ,. dated 01.09.2006, allowed the petitioner to make a representaticn within a period of ten days, raising all their grievances. Accordingly, the petitioner is granted liberty to make a representation raising ail the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law and the aforestated decisions, on its own merits, within a period of 8 weeks from the date of receipt of therepresentation, subject to verincation of the facts. In view of the foregoing, this petition is disposed of. MW” /" Arun Sdl- Satish K. Agnihotri Judge