‘efm IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR wplsmo él? 0F20q9 (/ Sm’t. 'I‘ulsi Jain, W/o. Shri Sunder Lal Jain, Taged about 43 years, Asstt. Teacher, Govt. Primary School Nandanmara, Distt. Kanker, (C. G.) - PETITIONER VERSUS if :1. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (c; G.) 2. /’ \ RESPONDENTS The Assistant Commissioner, Tribal Welfare Depo‘artment, Kanker, District Kanker (C.G.) K ./j’ 3. Block Education Ofiicer, Kankeger, District Kanker (co) 4. Treasury, Account and Pensio Kanker, District Kanker (C. G.)‘ RIT PETITION 'UNDER ARTICLE 226 OF TH . CONSTITUTION O W \ F INDIA The petitioners beg to submit as underz~ ARTICULARS OF THE PETITIONER As glven 1n the above cause titl f7 n \ P e J. HIGH COURT OF CHHATTISGARH : BILASPUR Writ Pabltlon (S) No. 6173 of 2009 Petitiouer Respondents State of Chhattisgarh and others Smt. Tulsi Jain Versus (Writ Petition under Article 226 of the Constitution of India) (SB: Hon’ble Shn' Satish K. Agnihotri J.) Shri Somkaiit Verma, Advocate for the petitioner. Shri N. N. Roy, Panel Lawyer for the State] respondents. 0 R D E R(0ral) Heard. (Passed on this 28th day of October, 2009) Learned counsel appean'ng for the petitioner submits that the petitioner was appointed as Deputy Teacher on a fixed pay of Rs. 300/—. After completion of probation period, the petitioner was granted regularlpay scale. Learned counsel further submits that the issue involved in the case is asto Whether the petitioner is entitled to regular pay scale with effect from the date of initial appointment 0r 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. 8a others), wherein it was held that the similarly situated teachers are entitled 'to regular pay scale W.e.f. the date of initial appointment. The matter was taken up to Hon’ble Supreme Court in Special Leave Petition (Civil) No. 6832193. The said petition was dismissed by the Hon’ble Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment. Learned counsel also submits that this Court, while considering the same issue in Amar Sai Ram 85 others Vs. State of Chhattisgarh & others {‘N.P.(S) No. 4725/2006} by order dated % 1.9.2006, allowed the petitioners to make a repmsentation along with copy of the petition and annexuras within a period of ten dayS, raising all thsir grievances and 1'11 turn the concenwd respondent was directed to decide the representation in an objective manner Within a period of 3O days fmm the date of receipt of the representation. 5. Accordingly, the petitioner is granted liberty to make a. representation to the concerned authority. It is expected that the representation may be considered and decided in accordance with law Within a reasonable period. In View of the above, the petition stands disposed o£ No order asto costs. Sdl- . Satish K. Agnihotrl Judge Thakur