@ $ingie Banch IN THE HON'BLE HIEH COURT OF CHHATFISGARH AT BILASPUR (6.6.) (D ‘45 ?1*/2o11 f Awadhram Sidar, Aged abouf 58 years, S/o Shri Negimm, Head Masfer, Governmenf Primary School Sapia Block Malkhar‘od, Disf‘r. Janjgir— Champa (C.G.) W.P. (S) NO. PETITIONER (/ VERSUS . 1. S’rafe of ChhaTTisgarh Through Secrefar'y, School Educafion Depar‘rmen‘r D.K.S. Bhowon, Raipur (C.G.) 2. “’VDisTr‘icT EducoTion Officer Disfric’r Janjgir—Champo (C.G.) -<"’”' - RESPONDENTS : 3. Joim‘ Director, Treasury, AccounT & Pension " Bilaspur Division, Bilospur (C.G.) 4. Brock Educahon Officer, Black Malkharod, DisH. Janjgfr—Chompo (C.G.) M M“ WRIT PETITION UNDER ARTICLE 226 OF THE CONsTITUION OF INDIA HIGH COURT OF CHHATTISGARH : BILASPUR s.B.: Hon’ble Shri Manindra Mohan Shrivastava J. Writ Petition {S} No.4572/2011 N Writ Petition u/A 226 of the Constitution of india Present: - Shri K. K. Pandey, counsel for the petitioner. Shri N. Naha R03? Panel Lawyer for the State/respondents on advance copy. > ME (Passed on 12‘" August, 2011) With the consent of ieamed counsel for the parties, the matter is heard finally. 1. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs.100/-. After suCcessfully completing the probation period of 2 years, he was granted regular pay scale. 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. 3. 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 Hon'ble Supreme Court in speciai Leave Petition (Civil) No.6892/93. PETITIONER Awadhram Sidar Versus I RESPONDENTS State of Chhattisgarh The said petition was dismissed by the Hon'ble Supreme Court, upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment. 4. Learned counsel 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 01/09/2906, allowed the petitioners to make a representation within a period of ten days, raising all theirgrievances. 5. Learned counsel for the petitioner further submits that now the State Govt. has issued an order on 5‘“ January, 2011, wherein, it has been ordered that those who have been appointed before 1982 and after 1995 on a hxed pay, are entitled to regular pay scale from the date of initial appointment upon successful completion of 2 years ‘period of probation. 6. Accordingly, the petitioner is granted liberty to make a representation ‘ \ raising all his grievances in light of the aforesaid judgment and circular dated 5.1.2011, and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law, on its own l merits, within a period of three months from the date of receipt of the representation, subject to verification of the facts. 7. In view of the foregoing, this petition is disposed of. No order as to costs. Sd/- ‘ Manindra Mohan Shrivastava Judge Tumane