;~§ § WM c ’ , aL/ C , 9 Iéo HON ‘ BLE S. B. IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPU ‘ WRII PETITIbN (g) N9. g u? L 2011 PETITIONERS: /1/ Ganesh Frasad Nag, S/o Late Shri Johan Singh Nag, Aged about 56 years, Post- Upper Division Teacher, R/o Qr. No. G - 36, D.N.K. Colony Kondagaon, District Bastar, C.’G. /"2. Pandu Ram Kashyap, S/o Shri Aayt_u Ram Kashyap, Aged about 55 years, Post— Head Master, R/o Viiiage Turangur, Post Kilepai, Tehsil Bastanar, District Bastar, C.G. Ramesh Ram Uikey, S/o Late Shri Mangiya Ram Uikey, Aged about 57, years, Post— Head Master, R/o Vikash Nagar Kondagaon, District Bastar, C.G. Badrinath Dewarigan, S/o Shri Padumnath Dewangan, Aged about 54 years, Post— Head Master, R/o Aarkachepda Ward, Qr.No.1, Main Road, Kondagaon, District Bastar, C.G. Harisingh Mehra, S/o Shri Gyansingh Mehra, Aged about 55 years, Post Head Master, R/o Sargi Para, Baniyagaon, Biock Kondagaon, District Bastar, C‘G‘ VERSUS RESPONDENTS: V, 1. State of Chhattisgarh, / Through the Secretary, Department of,Tribal Welfare, Ministry, D.K.S. Building, Raipur, C.G. 2. The Assistant Commissioner, Tribal Welfare Department, Jagdalpur, District Bastar, C.G. 3. The District Education Officer, Jagdalpur, District Bastar, C.G. WRIT PETITIQN UNDER ARTICLE 226 OF THE QONSTITUTION QF INDIA ‘§ § R HIGH COURT OF CHHA'ITISGARH : BILASPUR WRIT PETITION (S) No.826 OF 2011 PETITIONERS Ganesh Prasad Nag & Others Versus ‘ RESPONDENTS State of Chhattisgarh & Others (Writ Petition underArticIe 226 ofthe Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri Alok Dewangan, Advocate for the petitioners. Shri P.K. Bhaduri, Panel Lawyer for the State. ‘ ORDER (ORAL) 975 (Passed on this 10"“ day of February, 201 1) 1. Heard Iearned counsel for the parties. Learned counsel appearing for the petitioners submits that the petitioners were initially appointed on a fixed pay of Rs.100/— on probation. After completion of probation period, the petitioners were granted regular pay scale of Rs.169-300/—. 3. 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 w.e.f. 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. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), wherein it was held that the similarly situated teachers were entitled to regular pay scale w.e,f. the date of initial appointment. The matter was taken up to the Supreme Court in Special Leave Petition (Civil) No, 6892/93. The said petition was dismissed by the Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/ Assistant Teachers are entitled to regular pay scale from date of initial appointment. 5. Learned counsel appearing for the petitioner also submits that this court, while considering the same issue in Amar Sai Ram & others v. State of Chhattisgarh & others [WP (S) No.4725/2006] by order dated 01.09.2006, allowed the petitioner to make a representation within a period of ten days, raising all their grievances. 6. Accordingly. the petitioners are granted liberty to make a representation raising all the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law and the aforestated decisions, on its own merits, within a period of 8 weeks from the date of receipt of the representation, subject to verification of the facts. , 7. In view of foregoing, this petition is disposed of. ' , Sdl— 0m . AW, .. r, 4,,"s w ‘ Sa“s“ . K‘ Judge Ag“"" ,, /\ -, .. a