^.^;.,fi.,| [g6L£BENii c^a^-z?7 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S)No. \A&\ /2010 PETITIONERS^l) ^' v^S^ ^..-••^>vw •^y/ ••-L-\ <2.-' •^^' -y •^ • •?*- D. C. Baniare S/0 Late Sudfrshan A", Banjare aged about -51 years, Posted as Lecturer at Govemment Higher Secondary School sarkary para Pendra, District -Bilaspur (C.G.) Narmada Prasad Tamboli S/o Dwarika Prasad Tamboli aged about- 51 years Ppsted as Head Master at Govemment Higher Secondary School Mahamaya para Mungali Bilaspur (C.G.) VERSUS RESPONDENTS: 1) ^£:ai;^®?-^?:S^i 2) 3) 4) State ofChhattisgarh Through it's The Secretary Aadim Jati tatha Anusuchit Jati Vikas Department, D.K.S. Bhawan Raipur (C.G.) The Commissioner Aadim Jati tatha Anusuchit Jati Vikas Raipur (C.G.) The Assistant Commissioner Aadivasi Vikas Bilaspur, District Bilaspur (C.G.) The Collector Bilaspur District Bilaspur (C.G.) ^ WMT PETITION UNDER AURTICLE 226 OF THE CONSTITUTION QF INDIA HJGH CQURT OF CHHATTISGARH : BILASPUR WRiT PETITION (S) N0. 1281 OF 2010 PETiTIONERS D.C. Banjare & Another RESPONDENTS Versus State of ChhattiS! (VVrit Petitlon underArtide 226 ofths Const Single Bench : Hon'ble Shri Satish K. J. Present:- Shri Ravi Maheshwari, counsei forthe petitioners. Shri P.K. Bhaduri, Panel Lawyer for the State. 3. (Passed on this 26th day of March, 2010) With the consent of ieamed counseiappearing for the parties, ,the Detition is heard finailv. The petitioners were initially appointed on a fixed pay of Rs.1 OO/- in the year 1877. After completion of the probation period, the petitioners were granted reguiar pay scale. Learned counsel appeanng for the petitioners submits that the issue involved in the case is asto whether, the petitioners are entitied to regular pay scale w.e.f. the date of initial appointment or after completion of probation period. 'he Sssue invoived, herein was considered by the Madhya Pradesh State Administrative Tribunai, Jabaipur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State of M.P. & others), wherein it was hetd that the similariy 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 (Civit) No. 6892/93. The said petition was dismissed by the Supreme Court uDhoidina the decision of the Tribunal to the effect that the 6. Assistant Teachers are entitied to regular pay scate from date of initiai appointment. Learned counsel appearing for the petitioners also submits that this court, whileconsidering the same issue in AmarSai Ram & offiisrsv. Sfate of Chhattisgarh & oftere !W.P. (S) No.4725/2CX)6] by order dated 01.09.2006, altowed the petitioner to make a representation within a period often days, raising ail their grievances. Accordingly, the petitioners are granted iiberty to make a representation raising ait the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with iaw and the aforestated decisions, on its own merits, within a period of 8 weete from the ciate of receipt of Ihe reDresentation. subiect to verification of.the facts. In view of the foreaoing, this Detition is disposed of. No order asto costs. uown Sd/- SatishK.Agnihotn Judge