,.^ ^Ilfe^^^ r IN THE HIGH COURT OF CHHATTISGARH ATBILASPUR W. P. (SlNo. ^5B L QF 2011. PETITIONERS fc.-a" .<wv' T.^^^sw';...>< ^". 1. Ganesh Ram Banjare, S/o. Shri Ramadhin Banjare, aged about 53 years, Lecturer, Govt. Girls High School Bacheli, Block Dantewada, District Dantewada (C.G.) ^^, Smt. Sadhna Thakur, W/o. Shri S.K.Thalcur, aged about 56 years, Upper Division Teacher, R/o. Qr. No. 1030, C.S. Boys Hostel Campus, Durg, District Durg (C. G.) VERSUS RESPONDENTS : 1. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur(C. G.) 2. Assistant Commissioner, Tribal Welfare Department, Durg, District Durg, (C. G.) s.v^ yf' 3. Assistant Commis&ioner, Tribal Welfare Department, Dantewada, District Dantewada, (C. G.) b WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISQftJRH : BILASPUR S.B.: Hon'ble Shri Manindra Mohan ShrlvastawBt, J. PBTmONERS RESPONDENTS Writ Petition (S) No.2581/2011 Ganesh Ram Banjare & another Versus State of Chhattisgarh and ofhers Writ Petitlon u/A 226 ofthe Constitution oflndia Present: - Shri Somkant Venna, counsel for the petitioners. ShrtP. Bhadiiri, Panel Lawyer for the State, on advance copy. ORAL ORDBR (Passed on 12^ May, 2011) With the consent of leamed counsel tbr the parties, the matter is heard finally. 1. The petitioners were appointed as Deputy Teacher on a fixed pay of Rs. 100/-. Mter successfully completing the probation period of 2 years, they were granted regular pay scale. 2. Leamed counsel appearmg for the petitioners submits fhat the issue involved in the case is as to whether, fhe petitioners are entitled to regular pay scale with eflfect from the date of imtjial appointment or after completion of probation period. 3. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A.No.2745/89 {Mcidhukemt Yadu and 56 others v. State ^,' ^.t^r s<§sa®a^ 9\ cf M.P. & others), wherein, it was held (hat fhe sioiilarly situated teachers are entitied to regular pay seale wifh effect from fhe date of initial appointment. Tbe matter was taken up to fhe Hon'ble Supreme Court in special Leave Petition (CivU) No.6892/93. The said petition was dismissed by the Hon'ble Supreme Court, upholding ttie decision of fhe Tribunal to fhe effect that fhe Teachers/Assistaat Teachers are entitled to regular pay scale from the date ofinitial appointment. 4. Leamed counsel appearing for the petitioners further submits fhat this Court, whUe considering fhe same issue in Arnar Sai Ram Ss Others v. State of Chhattisgcirh Ss Others [W.P.(S) No.4725/2006] by order dated 01/09/2006, allowed ttie petitioners to make a representatdon wifhin a period of ten days, raising all fheir grievances. 5. Accordmgly, fhe petitioners are granted liberty to make a representation raising all their grievances in light of ftie aforesaid judgment and order dSted 27.12.2008 (Annexure P-6), and in tum, the concemed respondent is directed to declde fhe representation, if any, in accordaiice wifh law, on its own merite, within a period of three monttis jfrom the date of receipt of the representation, subject to verification offbe facts. 6. In view of ttie foregoing, fhis petition is disposed of. No order as to costs. Praveen Sd/- Manindra Mohan Shrivastava Judge