..._J--.- ^ !<f <1 ^ l^nO— 'S) SINC *VIJ IN THE HON'BLE HIGH COURT OF CHHATTISGARHAT BILASPUR W.P. (SlNo. ^^3/2010 PETITIONER: p)9< ... /' ,.••• ;^%g$r/ ^s ^? A\^0-1"" \-~-" ^, -^^F-' Babu Lal Ware S/o Chintu Ram Ware aged about 50 years, Head Master Govt. Primary School Jharra Block- Malkharouda Distt. Janjgir-Champa (C.G.) ^^' ^ ^-•' ^ RESPONDENTS: VERSUS 1.' State of Chhattisgarh Through: - Secretary, Department ofEducation Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) 2.f The District Education Officer, District Janjgir-Champa (C.G.) 3. r' The Block Education Officer Block Malkharouda District Janjgir Champa (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CnnATTJSGARH : BILASPUR Sinflle Bench: Hon?b8e Shri wlanijndra IVIoha.n Shrivastava, J. PcTiTIONER RESPONDENTS Babu LaS War^ Versus State of Chhattisgarh and others WRST PETiTSON UNDER ARTiCLE 226 OF THE CGNSITUTiON GF Prssent: - Shri Anii Moury'a, counsei for the petitjener. ivts. Sangeeta ivllshra, Panel Lawyer for the State. ORAL (Passed on 9th of August 2010) With the consent ofth^ partjes, the matter is taken up for hearing finaily, 1. The petitioner was appointed as Assistant Teacher on a flxed pay of Rs.100/-. After completion of hls probation period, he was granted reguiar pay scale of 1S9-300/-. 2. Learned counsei appearing ror the petitioner submits that the issue invoived in the case Is as to whether, the petitioner is enytied to regular pay scaie 'wlth effect frorn the date of initiai appcintrnent or after compietion of probation period. 3. The Issue invoived herein was considered by the Madhya Pradesh State Admlnistratjve Tubunal, Jabalpur in O.A.No2745/88 (yadhukant Yadu and 56 others v. State of Evi.P. & others), wherein it was held that the similariy sjtuated teachers are entitJed to reguiar pay scaie wlth efrect frorn the date of initial appointment. The matter was taken up to the Hon'ble Suprerne Court in Speciai Leave Petitlon (Civli) No.6882/93. The sald petition was djsmissed by the Hon'ble Supreme Court uphoiding the declsion of the Tribunai to the erfect that the Teachers/Assistant Teacners are entitied to reguiar pay scaie from the date of inltlai appolntment. 4. Learned counsei appearing for the petiuoner further submlts that this Court, vvhiie considering the same issue in /Imar Sai Rarn & Others v. State of Chha^isgarh & Others CWr.(S) No.4725/2006) by ora'er dated 01/09/2006, allovved the petltioners to rnake a representation wlthln a period of ten days, ralsing ail thelr grievances. 5. Accordingly, the petiuoner Is granted liberfry to rnake repfesentauon raisiny ail his grievance in the light of the aforesaid judgment and the circular dated 13/01/2008 (Annexure P/2) and In tum, the concerneu respondent Is dlrected to decide the representation, if any, in accordance wlth iaw, on Its own merits, •w'ithln a period of 8 'w'eeks from. the date of receipt of the representatlon, subject to verification of the facts. 6. in vlew of the foregoing, thls petition is disposed off» No order as to costs. Sd/- Manindra Mohan Shrivastava Judge