'sy<^^?^^^^^^!^^s^^^^^^^^^^^^^^^^^^^^^^^^^^^^!^si 3),^ •SIMGLE Bmw IN THE HON'BLE HI6H COURTOF CHHATTCSGARH AT BILASPUR (C.&.) W.P. (S) N0. <>6^> /2011 PETETEONER ^ ^^ °x<^^- /•\>'- ^:^.y\>> \-- ^v' fri^ RESPONDENTS Devdutt Tiwari, Aged about 56 years, S/o Ram Sevak Tiwari, Head Master, Government Middle SchQoJ, Marka, Block Bemetara, District- Durg (C.6.) VERSUS 1. State of Chhattisgar'h Through Secretary, School Education Department &.K.S. Bhawan, Raipur (C.&.) T^. Director, Public Instruction Chhattisgar-h Raipur (C.6.) Joint birector, Treasury, accounts and pension, Durg (C.6.) bistrict Education Officer Durg (C.6.) Block Education Officer Bemetara, District- Durg (C.6.) 3. f 4. 5. c.^t 1. WRIT PETITION UNDER ARTCCLE 226 OF THE CONSTCTUION OF INDIA PARTICULARS OF THE PETtTEONER As mentioned in the cause title. ,yl •ns^jjaLALKyiCSEa^- ilGH COURT OF CHHATTISGARH. ICH : HQN'BLE SHR! PRASHANT KUMAR W .SOO o1 DevduttT'wari. Versus !PSi 1^-? PETITIOI SSate of Chhattisgarh and others ; CONSTITUTK A. Appearance: Shri K.S. •,counsei for petitioner. haduri, Panel Lawyer for the State. ORAL ORDER F.-.1 -otiowing 'rashant Kumar (28/01/2011) oral order of the ss passed by The petitioner was appomted as Asslstant Teacher on a fixed pay of Rs. 100/-. After comp!etion of his probation period, he was granted regular pay scaie. (2) Learned counsel appearing for the petltioner submits that the issue involved in the case is -asto whether; the petitioner is entitled to regular pay scaie w.e.f. the date initial appointment or after compietion of probation period. (3) The issue involved, herein v/as considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Vadu and 56 others Vs. of M.P. & others), Vk'herein it v/as held that the sirniiarly situated teachersare entitlec! to regular pay scate w.e.f. the date of initial appointment. The matter was Saken up to Hon'bte Supreme Court in Special Leave Petition (Civii) No. 6892/93. The sa") petltion was dismissed by the Hon'ble Supreme Court upho'ding the decicion of the Tribuna! to the effect that the Teachers/Assistant Teachers are entitlsd to regular pay scale from date of inltial appointment. Learned counse! appearing for the petitioner a!so submits that this lcourt, whue considering the same issue in Amar Sai Ram & others Vs. /p^\ t'?\ ^a^-..,.-" ^/ -^- of Chhattisgarh & others p^.P. (S) No. 4725/2006] by order dated 01.09.2006, allowed the petitioners to make a representation along with copy of the petition and annexures wlthin a period often days, raising a!l their grievances and in turn the concerned respondent was directed to decide the representation in an objective manner wiffiin a period of 30 days from the date of receipt ofthe representation. (5) Accordingly, the petltioner is granted liberty . to make representation raislng -al! his grievances and in turn, the concerned lent is directed to decide the representation, if any. in accordance law, on its own merits, v/ithin a period of 8 weeks from the date of ipt ofthe represeRtation. with (6) !n view of the foregoing, this petition is dlsposed of. No order asto Sd//- Prashant Kumar Mishra Judge I-