fc Sin9l©^@nch IN THE HON'BLE HI6H COURT OF CHHATUSGARH AT BILASPUR (C.G.) ^f) W.P. rSYNO. Y2011 PETITEONERS ..y/ \4f"/ ~/~f X\ ^y/^ .^y/^' <^" o' ^" :1. Rajendra prasad Tyagi, aged about 49 years, S/o Late Bhola Ram, Upper Division Teacher, (9overnment Boys Middle School Manipur, Ambikapur, bistt. Sarguja (C.G.) :f 2.' bevNarayan Prasad, aged about 58 years, Head Master, Government Primary School Jodhpur, Lakhanpur, Ambikapur, Distt. Sarguja (C.G.) 3. Vidya Prasad, aged about 57 years, Head Master, Government primary School, Kanchanpur, Lakhanpur Distt. Sarguja (C.O.) 4.^ Budheshwar Ram, aged about 58 years, Head Master, Government Primary School Piperkhar Lakhanpur Ambikapur, Distt. Sarguja (C.G.) 5^ Dilsai Paikara, aged about 57 years, Head Master, Government Primary School Birimkela, Block Batoli, Sitapur Distt. Sarguja (C.6.) RESPONDENTS : VERSUS 1.' State of Chhattisgarh Through Secretary, School Education Department b.K.S. Bhawan, Raipur (C.G.) 2. Director Public Instructions Raipur (C.G.) 3. ^ District Education Officer Sarguja , Distt. Sarguja {C.G.} / 4. Joint Director, Treasury, accounts, pension, Ambikapur Distt. Sarguja (C.G.) WRIT PETTTEON UNbER ARTICLE 226 OF THE CONSTITUTION OFINbIA '^TOW^WqE "S^ ^l^Krl-M, ^TiT'y^|(o, f®ldl'Ltlj,< ^....^....f.^)M..:.3?.i^ ^200 ^^ ^W (^t^S^) ^^i ^? ^iw ^^?r eqrr^ ^-qf^ (-, ^TcfTWWt^ 37^1 SB : Hon'ble Shri Manindra Mohan Shrivastava. J 23-06^011 finaily. successfuiiy completing the probatiorji ^wS^pfh HW^S ^r f^T^ ^^K' ^•3rRTH3?T^T Shri Rahui Mishra, counsei forlhe petitioners. Shri Y.S. Thakur, Deputy Advo<j;ate Generai for the State. With the consent of iearned coi|insei for the parties. the matter is heard The petitioners were appoint^d on a fixed pay of Rs.150/-. After period of 2 years, they were granted ' regular pay scaie. Learned counsei appearing foj- the petitioners submits that the issue j invoived in the case is as to whether, the petitioners are entitied to regular j pay scaie with effect from the date of jnitiai appointment or after compietion of probation period. The issue involved herein w^ considered by the Madhya Pradesh State Administrative Tribunai, JabalpLl ancl 56 others v. State of M.P. <S r in O.A.No.2745/89 {Madhukant Yadu others), wherein, it was held that the simijariy situated teachers are entiti^d to regular pay scale with effect from the date of initiai appointment. Th6 matter was taken up.to the Hon'bte Supreme Court in special Leave Petitjon (Civil) No.6892/93. The said petition was dismissed by the Hon'bie Supretne Court, upholding the decision of the Tribunai to the effect that the Teachers/Assistant Teachers are entitied to j reguiar pay scaie from the date of init|ai appointmelnt Learned counsel appearing fo^ the petitioners further submits that this Court, whiie considering the same is^ue in Amar Sai Ram & Others v. State of Chhattisgarh & Oihers [VV.P.(S) N4.4725/2006} by order dated 01/09/2006, H,^i:!T aiiow.ed the petitiQn.gr§_to_mate_aj^resentationwithin a period often days, ^, ^5R'Iq7TT^-S-S/-K—.2/2011—1,50.000. y%., /^^^ v'% i:^ts^ ^ ^^;^%^^J / /"• XI-HC—78 ^TT^T ^T f<rlJcb' ^T$TT STI^T^RW Deepti *11*1<^1 WHICh ^; 7^r';^rpTRT£[, ^tTl^^Ko, f®i<ni^^< _...to.:.f.:.fe2..v^o.;...3{.liL!L 200 ^-7 3TT^T "T5RT ( ^i^^T) ^TTW^f^T ^TT^T -»?- raising atl their grievances and in tu to decide the representation in an o| from the date of receipt of the repre^ Learned counsei for the Govt. has issued an order on 5{ has been ordered that those who 1995 on a fixed pay, are entitied tc appointment upon successful compi Accordingiy, the petitione representation raising aii their grie^ and order dated 05/01/2011, anc directed to decide the representati^ own merits, within a period of thre representation, subject to verificatioi In view oftheforegoing, this petitioners h^ve <=hl^(<yl<J1l 'RTR^ff 18f Fs^l <pil^l< ^3tf?W 3?T^T |n me concerned respondent was directed |3jectjve manner withln a period of 30 days ^entation. further submits that now the State lanuary. 2011 (Annexure P/3) wherein, it been appointed before 1982 and after reguiar pay scaie from the date of initial etion of 2 years period of probation. fs are granted iiberty to make a ^ances, in iight of the aforesaid judgment in turn, the concerned respondent is pn, if any, in accordance with law, on its months from the date of receipt of the h of the facts. j^etition is disposed of. "—•"s"-""" M