w t J N ‘ (LP \®)/a @ IN THE HIGH COURT OF .CHHATTISGARH AT BILAsPUR w. P. (s‘ No. ¥23l1 OF 2009. SINGIE BEIWIH ‘ PETITIONER : Ku. Thal Kunwar Thakur (Now Smt. Mandavi), W/o. Shri Mohan Mandavi, aged about 40 years, Assistant Teacher, Govt. Primary School Dumali, District Kanker (C. G.) VERSUS K RESPONDENTS :1. State of Chhattisgarh, i) Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2. Assistant Commissioner, Tribal Welfare Department, Kanker, Distt. Kanker (C. G.) K 3. Block Education Officer, Kanker, District Kanker (C. G.) afk » / 4. Treasury Account and Pension, Kanker, District Kanker (C. G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA / The petitioner beg to submit as under:— ”wx hw /% , + HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. 7234 of 2009 PETITIONERS : Ku. Thal Kunwar Thakur (Now Smt. Mandavi). VERSUS RESPONDENTS : State 0fChhattisgarh&others. WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Pre'sent: Shri Somkant Verma, Advocate for the petitioner. Shri Pankaj Shrivastava, PanelrLaWyer for the State/respondents. _ t ' r ORDER 1 ORAL 1 (Passed oh 11 day of December, 2009) With the consent ofthe parties, the matter is taken up for hearing finally. 1. The petitioner’was appointed as a Teacher on a fixed pay of Rs. 150/—. After completion. of her probation period, she was granted regular pay scale or Rs. l69-300/—. 2. 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 ofprobation period. 3. 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 are entitled to regular pay scale w.e.f. the date of initial appointment. The. matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. ‘The Isai'd petition was dismissed by the Hon'ble Supreme Court upholding the decision ofthe Tribunal to the effect that uf the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. . Learned counsel appearing for the petitioner also submits that this court, while considering the same issue in Amar Saz‘ Ram & others Vs. State of Chhattisgarh & others [W.P. (S) No.4725/2006] by order dated 01.09.2006, allowed the petitioners to make a representation within a period of ten days, raising all their grievances. . Accordingly, the petitioner is granted liberty to make a representation raising all her grievances and in turn, the concemed respondent is directed to decide the representation, if any, in accordance with law, on its own merits, within a period of 8 weeks from the dateofreceipt of the representation. l '6. In View of the foregoing, this petition is disposed of. No order asto costs. __l d]- l \ Judge l i Satlsh K Agmhotrn t l