^ ^^ QB IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH1 WRIT PETITION (Sl N0. ^ > i2QW. ?<°^ PETITIONER: R .<^> ^'^^Y^ ^^yf ^:.;£XO-V/" ^•'^' .-•• .<^v ^* /" <?y »«>-'' <?' ^•J^ ResRondents Yashwant Ram, son of Shri BUki Ram, aged about 54 years, working as Head Master, Govt. Primary School, Tihpatara, Post Sakali, PoUce Station Darima, Tahsil Ambikapur, District Sarguja, Chhattisgarh. yersus 1. State of Chhatdsgarh, Through The Secretary School Education Department, D.K.S.Bhawan, Raipur, CKhatdsgarh. •'' 2. District Education Officer, Ambikapur, District Sarguja, Chhattisgarh. 3. JomtDu-ector, Treasury, Accoi-mts, Ambikapur, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITIONER(S1: As mentioned in the Cause title. 2. PARTICULARS OF TH^RESPQNDENT[S): ^y -¥^^: .*"'» ^s? i'^^i .*' .•^\ ^l HIGH COURT OF CHHATriSGARH AT BILASPUR WRIT PETmON fS) No. 45 of2011 PETmONER : YashwaatRam. VERSU8 RESPONDENTS : State ofChhattisgarh & Others. PETmON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Agnihotri^J, Present: Shri Harish Khutiya, Advoeate for the petitioner. Shri Ajit Singh, Panei Lawyer for fhe Stat&'respondents. gM>ER(QRAL) (Passed on 12 day of January, 2011) 1. The petitioner was initiaUy appointed as Deputy Teaeher on a fixed pay of Rs. 150/-. After completion of probation period, he was granted regularpay scale. 2. Leamed 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 ofinitial appointment or after completiai of probation period. ,/ 3. Tbe issue involved, herein was considered by the Madhya Pradesh State Adininistrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State ofM.P. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale w.e.f. fhe date ofinitial appointment. The matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme O^i^- !»• Court upholding the deeision of the Tribunal fo the effect tfaat the Teachers/Assistant Teachers are entitled to regular pay scale from date ofinitial appointment. 4. Leamed counsel appearing for the petitioner also submits that this court, while considering the same issue 'va.AmarSaiRam & others Vs. State of Chhattisgarh & others [W.P. (8) No. 4725/2006] by order , dated 01.09.2006, allowed the petitioners to make a representation along with copy ofthe petition and annexures within a period often days, raising all their grievances and in tum the coneemed respoadent was directed to decide fhe representation in an objectiye marmer within a period of 30 days from the date of receipt of the representation. 5. Accordingly, tiie petitioner is granted liberty to make a rq)resentation raising all his grievances and in tum, the concemed respondent is directed to decide the representation, if any, in accordanee wtth law, on its own merits, within a period of 8 weeks from the date ofreceipt ofthe representation. 6. In view of the foregome, this petition is disposed of. No order asto costs. Sd/- Satish K. Agnihotri Judge Amit