O f^= CJ^l/-^/, ^ S111 IN THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (St No.UgC^ /2010 PETITIONER: ^L-'^- ^:^ ^Kirti vilas Sharma S/o Chandu Lal Sharma aged about 55 years, Upper Division Teacher Govt. Middle School, Awrid Block- Nawagarh Distt. Janjgir-Champa (C.G.) ^^' ^^y. VERSUS ^ ^ RESPONDENTS: ^.^s^ 1. '/ State of Chhattisgarh Through: - Secretary, Department ofEducation Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) 2. € The District Education Officer, District Janjgir-Champa (C.G.) 3. The Block Education Officer Block Nawagarh District Janjgir- Champa (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^ HIQH COURT OF CnnATTiSQARK : BILASPug Slngie Bench: Hon'bie Shn Ivlanindra Snrivasteva, j, PcTiTEQNcK o ^a^ ss-^sie rssr s^i WRiT PETJTiON (S»N0.4272/201 v Kirti Viiys Sharma Versus State of ChhattlsgarSi and others WRiT PETiTlGN UNDcR ART.CLE 226 OF TnE CONSiTUTSON QF mm^ Preseiit: - Shri Anii Mourya, counsei for the petltioner. Fvls. Sangeeta ivlishra, Panei L^wYer for the State. QRAL (Passed on 3 of August, 2010) Wlth the consent ofthe parties, the matter is taken up for hearing finaliy. 1. The petitioner is appolnted as Asslstant Teacher on a fixed pay of Rs.100/-. After compietion of hls probation period, he was granted regujar pay scajeof 189-300/-. 2. Leamed counsei appearing for the petitioner subnnits that the Issue inv'Otved in the case Is as to w-hether, the petitioner is entltled to regular pay scaie with effect from the date of initial appointment of afier compietion of probation penoa. 3. The issue invoived herein was considered by the Madhya Pradesh State Adminlstrative Tribunat, Jabai'pur In O.A.No.2745/89 (Iwadhukant Yadu anu 56 others v. State of M.P. & others), wherein it was held that the slinijarjy situated teachers are entitEed to reguiar pay scaie with effect from the date of InitJal appointment. The mati'er was taken up to the noneble Supreme Coutl IH Special ,<{3®^fe, ,^^ '^. Leave Peution (Civil) No.6892/93. The said petition was dismissed by the Hon'bie Supreme Court uphoiding the decision of fhe Tribunai to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of injtiai appointment. 4. Learned counsei appearing for the peutioner further submits that this Court, whiie considering the sarne issue in Amar Sai Ram & Orhera v\ of Chhattlsgarh & Oihers CW.P.(S) No.4725/2006) by order dated 01/09/2006, aliowed the petitioners to make a representatlon withln a period of ten days, raising all thelr grievances. 5. Accordjngiy, the peutioner is granted iiberiy to make representation raising aii hls yrievance in the light of the aforesaid judgment and the circuJar dated 13/01/2009 (Annexure P/2) and in turn, the concerned respondent Is directed to decide the representation, if any, in accordance wlth iaw, on its own merits, within a periou of 8 weeks frorn the date of receipt of tiie representation, subject to verificauon ofthe facts. 6. In view of the foregoing, this petiuon Is djsposed off. No order as to costs. uyy^L! Sd/- Manindra Mohan Shrivastava Judge