gsggéggg magg CE CKW IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BIILASPUR Wham N0, TI 4 1 Q Izolo l j. PETITIONER : Raju Ram Tirkey, S/o Late Shri Birsai Tirkey, aged about 46 yaars, working as ’Upper Division Teacher, T.W.D. Girls Middle’School, Ankira, Block— Pharshabahar, Distt. Jashpur (ca) 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, Jashpur, Distt. —Jashpur (C.G.) ‘3. Block Education Officer, Pharshabahar, Distt. Jashpur' (C.G.) 4. Treasury Officer, Treasury, Accounts 85 Pension, Jashpur, Distt. Jashpur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. HIGH COURT OF CHHATTISGARH : BILASPUR‘ WRIT PETITION (S) NO.7636 OF 2010 PETITIONER Raju Ram Trikey Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Atticle 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri Somkant Verma, Advocate for the petitioner. Shri A.V. Sridhar, Panel Lawyer for the State. ORDER (ORAL) (Passed on this 3'“ day of January, 2011) 1. The petitioner was initially appointed on a fixed pay of Rs.150/—. After completion of the probation period, the petitioner was granted regular pay scale. 2. 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. .,, 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 of MP. & 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. 4. 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 \ r \ \ dated 01.09.2006, allowed the petitioner to make a representation within a period of ten days, raising all their grievances. 5. Accordingly, the petitioner is granted liberty to make a representation raising all 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 the representation, subject to verification of the facts. 6. In view of the foregoing, this petition is disposed of i L ‘ x Satish K. Agnihotr1«\r ti. Gowri i \ Judge it