<aX. 'ii .";B^t8<ii^itrtiy«isiEteaM t-*^)i-)i.»- •(W? IN THE HON'BLE HIGH COURT OF CHHAmSGARH AT BILASPUR WRIT^ET!TIQN_ (Sl No.<2>° /2011 PETITIONERS ,\fl^ .^^^ ^^y ^s^i^" ./".^^ .,1 ^•••jfZ.^-'" •s»^f* P-S^..' ^^.-''' A0°" 1: Dalpat Ram Sahu S/o Kalaram Sahu aged about 59 Years, presently working as Head Master at Govt. Primary School Khudubhata, Block - Masturi, Distt. Bilaspur (C.G.) ^_2. Ganpati Suryawanshi S/o Ramdayal Suryawanshi aged about 59 Years, presently working as Head Master at Govt. Primary School Khaira, Block - Masturi, Distt. Bilaspur (C.G.) VERSUS RESPONDENTS: lf State of Chhattisgarh Through Secretary, Department of Education Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) aT The District Education Officer, District Bilaspur (C.G.) Block Education Officer, Block Masturi Dista-ict Bilaspur (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITIONER: As per cause title. 2. PARTICULARS OF THE RESPONDENTS: As per cause title. ^ SsS» •?.:y"£^'Sj HIGHCOURTOFCHHATTISGARH:BILASPUR Sinale Bench: Hon'ble Shri Manindra Mohan Shrivastava. J. WRIT PETITION (S) N0.3075/2011 PETITIONERS Dalpat RamSahu and Another Versus RESPONDENTS State ofChhattisflarh and Others WRIT PETITION UNDER ARTICLE 226 OF THE CONSITUTION OF INDIA Present: - Shri Ashwani Shukla, counsel for?the petltioner. Shri Sushil Dubey, Govt.Advocate fpr the State. ORALORDER (Passedon 17th June, 2011) The petitioners were initially appointed as Teacher on a fixed pay of Rs.100/-. Aftercompletion of their probation period, theywere granted regular pay scale of Rs.169-300/-. 2 . Learned counsel appearing fbr the petitioners submitted that the issue involved in the case is as to whether the petitioners are entitled to regular pay scale with effect from the date of initial appointment or after cpmpletion of probation period. 3. The issue involved herein was considered bythe Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A.No.2745/89 (MadhukantYadu and 56 Others v. State ofM.P. & others}, wherein it was held thatthesimilarly situated teachers are entitled to regular payscale with effect from the dateof initial appoihtment. The matter was taken up to the Hon'bte Supreme Court. The appeal was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entftled to regular pay scale from the date of initial appointment. ^ • ^ -2.' li.- Tuftiane 4. Learned counsel appearing for the petitioners lurther submits that this Court, while considering the same issue in Amar Sai Ram & Others v. Stateof Chhattisgarh & OfAere,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 the grievances. 5. Accordingly, the petitionere are granted liberty to make a representatton raising all grievances in light of the aforestated judgment and the circular dated 05-01-2011 (Annexure P-2) and in tum, the concerned respondent is directed to decide the representation, if any, in accordance with law, on its own merits, within a period of eight weeks from the date of receipt of the representation, subject to verificationofthe facts. 6. In view ofthe fbregoing, this petition is disposed of. No order asto costs. Sd-/ Manmdra Mohan Shrivastava F^ Judge l..,- ssSfaS.S.^S