MM ML(D IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR C.G. gingia Bench WP. (S) No..3§‘3..)i......i.2011 / PETITIONERS 1. Trivikram Pradhan, aged 5O years S/o Shri Subash Chandra Pradhan, H.M., Primary School, ' Garrhphuljhar, Basna Mahasamund C.G. 2/. Shobharam Banchore, S/o Shri Nakul Ram, Aged 51 years H.M., Primary School, Dhamanghutkuri Basna, District Mahasamund (C. G) / 3. Hetram Rana, S/o Shri Bhajan Ram Rana, Aged 50 years H.M‘, Girls Primary School, Singhanpur, Basna District Mahasamund C.G. / 4. Someshwar Singh, S/o Shri Mahavir Singh, Aged 50 years H.M., Primary School, Badedhabha, Basna District Mahasamund C.G. 5./Banmali Choudhary, S/o Shri Shukhram Choudhary, Aged 55 Years, U.D.T., Middle School, Bade Saza Pali, Basna District Mahasamund C.G. / 6. Premsay Koshriya, S/o Shri' Shukhla , Aged 52 years H.M., Primary School, Lamkasha / Basna, District Mahasamund C.G. 7. Shriram Joggram b D:T kSahu Sahu: Aged S/o Shri 52 years G. §V‘d\y&w\y\ / 8. Ramesh Chandra Shanna, S/o Shri Tulisi Ram Shanna, Aged 50 CZ) Years H.M., Primary School, Barodi Basna, District Mahasamund C.G. 9’. Megnath Sahu, S/o Shri Mehathar Sahu, Aged 51 years H.M., Primary School, Bada Saza Paii, Bsna, District Mahasémund (C‘G) 10.’ Digamber Sao, S/o Shri Leeladhar Sao, Aged 49 years U.D.T., Middle School, Chiamarkel Basna, District Mahasamund C.G. *~ l f Uttam Sing Chandrawanshi, S/o Shri Sunuw, Aged 53 years H.M., Primary School, Jamdharaha Basna, District Mahasamund C.G. 12. Mo. Amir Khan, S/o Shri Gulzar Khan, Aged 50 years U.D.T., Middle School, Tikrapara Basna, District Mahasamund C.G. 13‘ Bhagat Ram Tandi, S/o Shri Mohitram Tandi, Aged 47 years H.M., Middle School, Kayatpali Basna, District Mahasamund C.G. 14. Gajanand Pandey, S/o Shri Uday Chand Pande, Aged 5O years U.D.T., Middle School, Ankori Basna, District Mahasamund C.G. _/ VERSUS RESPONDENTS (1)/ The State Govt. of Chhattishgarh, Through — The Secretary, School Education Department, D.K.S. Bhavan, Raipur (C.G.) (2) /District Education Officer, Mahasamund, District Mahasamund ( C.G.) J‘ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OR MANDAMUS/DIRECTION OF OTHER APPROPRIATE WRIT. MW gKL k9 awmm (13W) mmm WW§§$W %ai1a‘uan%:r SB : Hon’ble Shri Manindra Mohan :Shrivastava, J. 05-07-2011 Shri Ajay Shrivastava, counsel w’or the petitioners. Shri Sushi! Dubey, Governmen Advocate for the State. nnally. With the consent of learned c unset for the parties, the matter is heard The petitioners were appoin d on a fixed pay of Rs.1DO/-. After successfuiiy Sompietihg the probation eriod of 2 years, they were granted reguiar pay scale. Learned counsel appearing f r the petitioners submits that the issue involved in the case is as to whethe the petitioners are entitled to regular pay soaie with effect from the date of nitial appointment or after completion of probation period. The issue involved herein was considered by the Madhya Pradesh State A.No.2745i89 (Madhukant Yadu’ and 56 rein, it was held that the similarly situated teachers are entitled to regular pay scale with effect from the date of inii appointment. The matter was taken p to the Hon‘ble Supreme Court in speciai Leave Petition (Civil) No.6892/93. T‘n said petition was dismissed bythe Hon‘bie Supreme Court, upholding the deci ion of the Tribunal to the effect that the Teachers/Assistant Teachers are ent‘led to regular pay scale from the date of initial appointment. Learned counsel appearing f r the petitioners further submits that this Court, while considering the same is ue in Amer Sai Ram & Others v, State of Chhattisgarh & Others [VV.P.(S) N .4725f2006] by order dated 01/09/2006, ailowed the petitioners to make a r presentation within a period of ten days, raising ali their grievances and in tur the concerned respondent was directed to Administrative Tribunal, Jabalpur in others v. State ofM.P. & others), m, Wris—Fsmo—z/zot 1—1 ,5o,ooo. . e wwm mmm mhm fs€rrm ta.— 35mm mepii decide the representation in an objecti e manner within a period of 3O days from the date of receipt of the representatio o Learned counsel for the petition rs further submits that now the State Govt has issued an order on 5/01/2011 (A nexure PIS) wherein, it has been ordered that those who have been appointed efore 1982 and after 1§95 on a hxed pay, are entitled to regular pay scale fr m the date of initial appointment upon successful completion of two years per od of probation. Accord‘mgly, the petitioners ar granted liberty to make representation raising ail their grievances, in the Iig t of the aforesaid judgment and circular dated 05/01/2011, and in turn, the con erned respondent is directed to decide the representation, if any, in accordance w 'h law, on its own merits, within a period of three months from the date of receipt f the representation, subject to verification of the facts. ln view of the foregoing, this pet ion is disposed oi No order as to costs. Sd/- Manindra Mohan Shrivastava Judge WWW, W—Fsnw—z/zm i—1,50,ooo.