1 I; X; ^ !f^; •^mii^ ^^Si^- ^&^S!:-. •y^'^^^ HIGHCOURTOFCHHATTISGARHATBILASPUR / • . . . . • • ••'.. ; . • '•• WRIT PETrriON (S) No. 2728 of2008 PETITIONERS RESPONDENTS : 1. Krishna Ram Sahiu S/o Bhri Ramchai^ SaJiu A^ abdit 48 ye^rs, AsStf. Teacher, Govt. Primary School, Aatara, Block - OAuria, Distt, - Rajtiandgaon (C.G.) 2. Hemaiit Kumar Nagpure S/o Shri Dudhshan Lal Nagpurc Age abQiit 46 years, Asstt. Teachej^ Govt. Primary School^ Aatara, Bldck -~ Cfahuria^ Distt. - Rajnaiidgaon (G.G.) ' VERSBS ' . .- . '. '!: ; •.- : 1. State Govemment of Chliattisgarh Through: Seqretary, Education & Tribal Dqpartment D.K.S. Bh^vaii; Raipur (C.G.) j 2. District Education Officer, Distt. - R^jnaiidga<m .(C.G.)'; ;:1:'.. ,.1-;' •,•-.!• .. -..;:';..: 3. Block Education Offieer, Block - Cliliuria, Distt. - Rajnaiidgaon (C.G») WRTT PETmON UNDER ARTICLE 226 OF THE CONSTrrUTION OF INDIA SB: Hon'N^^iri Satish K. Aghifaotri, J. Present: Shri Somkartt Verma, A<lvocate for the petitioner. Shri Ajay Dwiyedi, Deputy Gov^i^ Advocate fbr th@ State^respondents. ORALORDER (Passed on 09th day of May, 2008) Withthe consent (^the parties, the niatter is takeii^te 1. The petitioners were appointed as Assisfarrt Teachers on fixed pay of Rs. 150/-. After completiQnoftwo years ofprobationpermd^theywere^ai^ rcgular pay scale. 2. Leamed courisel appearing fbr tiie pd.itipners submits that^^^^^l^ involved m the oase is asto wfa^tlwr, fhe petitioners are entitled to regular .©'"•';. .'., •. ,"-:; - . . ,. •, ; - •-: pay scale w.e.f the date initial appointmerrt or afto compl^tioti of probationperiod. 3. The issue involved^ h^ein was comidered^^^^ Pra3esh State Adxnmistrative Tribunal, Jabalpur m O.A.NO. 2745/89 (Madhiricant YaAi m ^ —^ \. and 56 others Vs. State of M.P. & otiiers), wherein it was held that the similarly situated teachers are er^tled to rogular pay scale w,e.f the date of initial appointment. The matter was talcen up to HoiAle Sypreme Coiirt in Special Leave Petition (Civil) No. 6892/93. Thesaidpetition w^ dismissed by the Hon'ble Supreme Court upholdmg tfae decision of the Tribun^l to the efifect that the Teachers/Assistaiit Teachers are entitled to regular pay scale from date ofmitial appomtment. 4. Leamed counsel appearing for the petitioners also submits that this coiirt, ^iile considering the same issue in Amar Sai Ram & others Vs. State of Chhattisgarh &; others [W.P. (8) No. 4725/2006] by order dated i.09.20065 allowedthe petitioners to make a representation along with copy ofthe petition and annexures within a period oftendays.raismgall their grievances aad m tum fhe concenKd respondesrt was directed to decide the represeirtation m an ob]ectivs manner wsthm a period of 3O days from the date ofreceipt ofthe representation^ 5. Accordmgly^ the petitioners are ^anted liberty to make a representation raising all their grievances and m tum, the concemed respondent is directed to decide the representation, if any, m accordance with law, on its own merits, witfiin a period of 8 weeks from th^ date of receipt of tfie representation. 6. In view ofthe foregoing, this petitibn is disposed of. No order asto costs. Sd/- SatishK.Agnihotri Judge Anut