HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.fSl No.6865/2010 PETITIONERS Ishwarlal Dhirhi S/o. Shri Chaturgan Dhirhi, aged about 57 years, occupation-service, Assistant Block Education OfFicer, Akaltara, R/o. Village Deori, P.O.Karnai, Via Akaltara, District-Janjgir-Champa (C.G.) Jairam Prasad Kurre S/o. Fjraturam Kurre, aged about 55 years, Lecturer, Government High School Arjuni, Block Akaltara, R/o. Village Pondidalha, Via Akaltara, District Janjgir-Champa (C.G) Harprasad Markam S/o. Bandan Singh, aged about 55 years, Lecturer, Government High School Amora, District Janjgir Champa, R/o. Village Parsada (Raymond), Blook Akaltara, District Janjgir Champa (C.G.) ^ Mohan Lal Bhardwaj S/o. Padum Singh, aged about 55 years, Upper Division Teacher, Government Middle School, Barpali, Block Akaltara R/o. Village Khond, Post Karnaj, Distrfot Janjgir Champa (C.G.) Smt. Shakun Bai Kanwar D/o Bhagwat Singh, aged about 52 years, Head Mistress Government Middle School Mahamadpur, Block Akaltara, R/o. Village Kotgarh, District Janjgir Champa (C.G.) Bhagwat Singh Jagat S/o. Anjor Singh, aged about 51 years, occupation service, Government Higher Secondary School, Changori, Block Akaltara, R/o. Village Parsahi (Nala), Block Akaltara, District Janjgir Champa (C.G.) Babulal Kanwar S/o. Shri Pilwaram Kanwar, aged 52 years, occupation service, posted at Govemment Higher Secondary School Sakti, R/o. Village Kotgarh, Post Barigawan, Block Akaltara, District Janjgir Champa (C.G.) ^ 7^ ;! "£a^.- !1 v^^. "^^. 'w"'^ '~v^^ W.P.(St No.6865/2010 ^ 8 Mukund Singh Kanwar S/o. Sarkar Singh Kanwar, aged about 51 years, occupation -service, Govemment Higher Secondary School Changori. R/o. Kotgarh, Post Bargawan, District Janjgir Champa (C.G.) 9 Thaneshwar Prasad Tiwari S/o Shri Laxmi Prasad Tiwari, aged about 50 years occupation servtee, Government Middle School Taroud, Block Akaltara, R/o. House No.101/1 Ward No.7, Akaltara, District Janjgir Champa (C.G.) 10 Dadduram Patle S/o. Shri Darasram Patle, aged 52 years, Lecturer, Govemment Higher Secondary School Tilai, R/o. Village Muriidih, Post Amora, District Janjgir Champa (C.G.) 11 Pramod Kumar Sahu S/o. Shri Kasamaram Sahu, aged about 53 years, occupation service, posted at Government Middle School, Katghari; R/o Akaltara, Gopiyapara, Akaltara, District Janjgir Champa (C.G.) 12 Suresh Kumar Swarnkar S/o. Chowaram Swarnkar, aged about 52 years, Government Middle School Padgavan, Block Akattara, District Janjgir-Champa (C.G.) 13 Kaleshwar Prasad Kaiwarth S/o Late Shri Kamta Prasad, aged about 63 years, retired in the month of July 2009 on the post of Upper Division Teacher from Government Hlgher Secondary School Pondi Datha R/o Kotmi Sonar, District Janjgir- Champa (C.G.) 14 Duberam Tandon S/Q Late Balirare Tandon, aged about 55 years, Lecturer, Govemment HSgh School R/o Kotmi Sonar, via District Janjgjr-Champa RESPONDENTS Katnai, Akaltara, (C.G.) Versus 1. The State of Chhattisgarh, through the Secretary, School Education Department, Mantralay at D.K.S. Bhawan, Raipur (C.G.) Y / lr- Y ^ ^ W.P.(SlNo.6865/2010 2. The Director, Directorate of Public Instructions, Raipur (C.G.) 3 The District Education Offteer, Janjgir, District Janjgir Champa 4 The Block Education Offjcer, Akaltara, Distrjct Janjgjr-Champa WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance: Mr. S.K. Mishra, Counsel for the petitioner. Mrs. Smita Ghai, Panel Lawyer for the State. ORALORDER (26.11.2010) SUNILKUMARSINHA.J. Heard. 1. Learned counsel for the petitioners submits that the petitioners were appointed as Assistant Teacher on a fixed pay of Rs.150/-. After completion of probatjon period, the petitioners were granted regular pay scale. 2. Learned counsel further submits that the issue involved in the case is asto whether the petitioners were entitled to regular pay scale with effect from the date of initial appointment or after completion of probation period. 3. The issue involved, herein, was considered by the Madhya Pradesh State Adminjstrative Tribunal, Jabalpur in O.A. No.2745/89 (Mahdukant Yadu and 56others 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.6832/93. The said petition was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment. l^s;,^ ^-.. '^^'..,;^' ^ ^...•-^2'"' 0 1 ";:":"""1'J ^KW?" W.P.fS) No.6865/2010 Learned counsel also submits that this Court, while considering the same issue in several writ petitions, allowed the petitionersto make a representation along with copy of the petition and annexures within a period of ten days, raising all their grievances and in turn the concerned respondent was directed to ctedde the representation in an objective manner within a period of 30 days from the date of receipt ofthe representation. Accordingly, the petitioners are granted liberty to make a representation to the concerned authority. It is expected that the representation may be considered and decided jn accordance with law within a reasonable period, subject to verification of facts. jn view of the above, the petition stands finally disposed of. No order as to costs. Sd/- Sunil Kumar Sinha Judge