9" £Vb \/ y, CY” N IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR $§N$LE BENW w.P.lS) No. ?2?l /2009 / PETITIONER Smt. Aureliya Toppo, W/o Ajit Xalxo, aged about 49 years, “\Q‘ \p working as Assistant Teacher, ¢5gyz3§ Govt. Boy’s Middle. School Q‘go-“;;m@“x\nwx<%f '9‘ ‘ Bagbahar, Block Patthalgaon, '9‘ 935 av” (:9 y” - “wax , Distt. — Jashpur (c.G.) VERSUS RESPONDENTS : l. / State of Chhattisgarh Through :- The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) / 2. District Education officer, Jashpur, Distt.— JashpurA (C.G.) 3.” B1ock Education Officer, Patthalgaon, Distt.— ‘Jashpur (C.G.) 4. " Treasury, Account 85 Pension Jashpur, Distt.-Jashpur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. WRIT PETITION UNDER AR'HCLES 226 OF THE CONSTITUTION OF INDIA w SB: Han’bie $hl'i Satish K. A nihotl'i J. Present: Shri Somkam’ Verma with Shn' Akshay Yadav, Advocaie for the petiti0:1er. Shri P.K.Bhaduri, Panel Lawyer for the State/raspondents. ORDER ORAL (Passed on 14‘ aay of December, 2009) With the consent of the parties, the matter is taken up for hearing fEnally. . The petitioner was initially appointed as Deputy Teacher on a fixed pay of Rs. 1200/—. After completion of her probation period, she was granted regular pay scale or Rs. 4000 - 6000/~. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether; the petitioner is entitled to regular pay scale we]? the date of initial appointment or atter completion of probation period. . The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Tabalpur in 0A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & 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. 6892X93. The said petition was dismissed by the Hon'ble Supreme Court upholding the decision ofthe Tribunal to the elfect that \\\ the Teachers/Assistant Teachers are entitled to regular pay scale from date of / x initial appointment. L)A / /\ \ MQa HIGH COURT OF CHHATTISGARH’ AT BILASPUR WRIT PETITION (S2 No. 7271 of2009 PETITIONER : Smt. Aureliya Toppo. VERSUS RESPONDENTS : State of . Learned counsel appearing for the petitioner also submits that this court, while considering the same issue in Amar Sai Ram & others v. Stare ofChhattz'sgarh d’c others {W}. (S) No.4725/2006] by order dated 01‘092006, allowed the petitioners to make a representation Within a period often days, raising ail their grievances. . Accordingly, the petitioner is granted liberty to make a representation raising all her gievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law, on its own merits, within a period of 8 weeks from the date ofreoeipt of the representation. ,Mx I e l r Satish K. Agnihotri: t Judge Sd/~ . In View ofthe foregoing, this petition is disposed of. No order asto costs. H’J i