.. @ $mgm Bamh BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P (S) No. 3§§$ of 2011 /THakur Ram Sonkar, aged about 56 years, S/o Late Shri Ramhu Ram Sahu, Upper Division Teacher‘ Government Middle School, Khursipar‘ Biock-Dongargaon, District- Rajnandgaon (C.G.) VERSUS RESPONDENTS :1./étate of Chhattisgarh, Through : the Secretary‘ Department of School Education, D.K.S. Bhawan, Raipur (C.G.) PETITIONER / 2.D istrict Education Officer‘ Rajnandgaon, District Rajnandgaon (C.G.) / 3. Block Education Officer, Block- Dongargaon, District Rajnandgaon (C.G.) w WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. “ 50 P§)WC‘3§§$ H warm zoo SB : Hon’bie Shri Manindra Mohan Shrivastava, J. 06-07-2011 Shri Rakesh Sahu, counsei fur the petitioner. Shri Sushii Dubey, Government Advocate for the State. nnaily. With the consent of iearnec counsei for the parties, the matter is heard The ‘petitioner is appointed a fixed pay of Rs.100/-. After successfully completing the probation period of years, he was granted regular pay scale. Learned counsel appearing f r the petitioner submits that the issue involved in the case is as to whether, the pet loner is entitled to regular pay scale with effect from the date of initial appointment r after completion of probation period. The issue involved herein as considered by the Madhya Pradesh State 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 y scale with effect from the date of lnitia appointment. The matter was tak n up to the Hon‘ble Supreme Court in specia Leave Petition (Civil) No.6892/93. Administrative Tribunal, Jabalpur e said petition was dismissed by the Hon'ble ~ ' ,i Supreme Court, upholding the d cision of the Tribunal to the effect that the l Teachers/Assistant Teachers are ntitled to regular pay scale from the date of nitial appointment. Learned counsel appearing the petitioner further submits that this Court, while considering the same iss in Amar Sal Ram & Others v. State of Chhattisgarh & Others {\N.P.(S) No. 725/2006] by order dated 01/09/2006, allowed the petitioners to make a represent tion within a period of ten days, raising all their grievances and in turn, the conc rned respondent was directed to decide the 3 WWW—F5“ 40—2/20! l—l ,50,000. n i a h i r u mmazahaw) WWW wmm Wmm mm f§€rm %?a1%qané¥f . w?é>w-3&m n 200 mm mamW yum, (Emma—vs“ 40—2/201 i—-1 ,so,ooo. 31mm (Wu) Mmm mmm WW wW mmm wé? ’ %31T?man%w representation m an omectwe mar ner wnnm a perTo?‘oT3U’a;‘a—ys—f’mm e date of receipt of the representation. Learned counsei for the pe1itioner further submits that now the State Govt. has issued an order on 5/01/201' wherein, it has been ordered that those who g have been appointed before 1982 and after 1995 on a fixed pay, are entitled to reguiar pay scaie from the date of initia! appointment upon successful compietion of two years period of probation. Accordingiy, the petitioner is granted iiberty to make representation raising aii his grievance, in the iight of the aforesaid judgment and circular dated 05/01/2011, and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with iaw, on its own merits, within a period of three months from the date of receipt of the representation, subject to verihcation g of the facts. in View of the foregoing, this petition is disposed of. No order as to costs, Sdl- Manindra Mohan Shrivastava Deepti Judge