@ IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR C.G. WP. (S) No.....':.f.‘.i.99....... 2011 // PETITIONER Triveni Jain w/ o Shri RaviJain, Aged 51 Years, Asistant Teacher Balak Ashram Gho'dari Block District Mahasamund (C.G) , VERSUS / (1) The State Govt. of Chhattishgarh, Through - The Secretary, Tribal and welfare Department Department D.K.S. Bhavan, Raipur (C.G.) Asistant Commissioner Tribal and Welfare Department Mahasamund, District Mahasarnund ( C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OR MANDAMUSIDIRECTION OF OTHER APPROPRIATE WRIT. -MA R HIGH COURT OF CHHATTISGARH : BILASPUR m S.B.: Hon’ble Shri Manindra Mohan Shrivastava J. Writ Petition {S} No.7499/2011 PETITIONER Triveni Jain Versus RESPONDENTS State of Chhattisgarh and another R Writ Petition ulA 226 of the Constitution of India Present: - Shri Somkant Verma, counsel for the petitioner. Shri N. Naha Roy, Panel Lawyer‘for the State/respondents on advance copy. . - ORAL ORDER (Passed on 12‘“ December, 2011) With the consent of Iearned counsel for the parties, the matter is heard finally. 2. The petitioner was appointed as Assistant Teacher on a tixed pay of Rs.100/—. After successfully completing the probation period of 2 years, she was granted regular pay scale. 3. Learned counsel appearing for the petitioner submits that the issue involved in the case is as to whether, the petitioner is entitled to regular pay scale with effect from the date of initial appointment or after completion of probation period. 4. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A.No.2745l89 (Madhukant Yadu and 56 others v. State of M.P. & others), wherein, it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to the l-lon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. The \..' j said petition was dismissed by the Hon'bie Supreme Court, upholding the decision of the Tribunai to the effect that the TeaChers/Assistant Teachers are entitled to regular pay scaie from the date of initiai appointment. 5. Learned counsei appearing for the petitioner further submits that this Court, while considering the same issue in Amar Sai Ram & Others v. State of Chhattisgarh & Others [W.P.(S) No.4725/2006] by order dated 01/09/2006, allowed the petitioners to make a representation within a period of ten days, raising ail their grievances. 6. Learned counsel for the petitioner further submits that in view of the circular dated 27-12-2008 (Annexure P-6), the petitioner is entitled to get the regular pay scale from the initial date of appointment, 7. Accordingly, the petitioner is granted liberty to make a representation raising all her grievances in light of the aforesaid judgment and circular dated 27-12-2008 (Annexure P-6), 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 three months from the date of receipt of the representation, subject to verification of the facts. 8. In view of the foregoing, this petition is disposed of. No order as to costs. L’Manindra Mohan Shrivastava Judge Sd/- Tumane