C^Y^I BEKO IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR fCHHATTISGARH) WRIT PETITION (S) N0.12-3Z-72011. PETITIONER: A^<'C-"" ^^^' •^.^.v:^>^-- ^•' K ^y f<y .^'^••'v^ y^ l.r" Janak Singh Porte, son of Pawan Singh Porte, aged about 54 years, working as Head Master, Middle School, Podibahar, Korba, District Korba, Chhattisgarh. versus Respondents 1. State of Chhattisgarh, Through The Secretary Tribal welfare Departaient, D.K.S.Bhawan, Raipur, Chhattisgarh. 2. Asst.Cominissioner, Tribal Welfare Department, Korba, Chhattisgarh. 3. Block Education Officer, Korba, Chhattisgarh. 4. Joint Director, Treasury and Accounts, Korba, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA T G HIGH COURT OF CHHATTiSGARH : BiLASPUR PETITIONER RESPONDENTS <IT PETITSON CS) N0.2232 OF -20U Janak Sinah Porte Versus State of Chhattisgarh & Others (Writ Petition under Articie 226 of the Constitution of india) Single Bench : Hon'ble Shri Satish K. Agnihofri. J. Present:- Shri C.J.K. Rao, counsei for the petitioner. Shri Y.S. Thakur, Deputv Advocats Ger.erai for the ORDER rORAL) (Passed on this 28th day of Aprii, 2011) 1. Heard learned counsel for the oarties. 2. The petitioner was initialiv aDpointed on the' post of Assistant Teacher on a fixed pay of Rs.100/- i'n the year 1977. After comoleiion orthe probation oeriod, ihe cetitioner was oranted reguSar pavscaleRs.169-300. 3. Learned counse! appearing for the petitioner submits that the issue involved in the case is asto whether, the oetitioner is entitled to regular pay scale vi/.e.f. the dafe of initial appointment or after compietion ofprobation period. 4. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribuna!, Jabaipur in O.A. No. 2745/8S fMadhukant Yadu and 56 others Vs. State of M.P. & others), wherein it was held that the slmilariv situated teachers were entitled to reguiar oav scaie w.e.f. the date of initiai apoointment. The matter was taken UD to the Supreme Court in Speciai Leave Petition (Civll) No. S892/93. The said Detition was dlsmissed bv the Supreme Court UDholdina the decision of the Tribunai to the effect Shat the Teachers/ Assistant Teachers are entitled to reauiar pav scale from date of initiai appointment. "«. 1,^ 'i^K'-^SS&'?. ^ '^^^^^\ ^ \ '^'y'/ Y¥-::y ''^•sSaS^ 5. Learned counsel appearing for the petitsoner aiso submits that this Court. whtie considering the same issue in Amar Sas Ram & others v. State of ChhaWsgarh & others M.P. (S) No.4725/2006] by order dated 01.09.2006. ailowed the Detitloner to make a reoresentation within a period ofien davs, raisina aii their grievances. Accordingiv, the petitioner is granted libertv to make a rsDresentation raisina ai! the arievances in iiaht of the aforestated iudament and the ciroutar dated 13.01.2009 and in turn, ths concemed respondent is directed to decide the reDresentatlon. if any, in accordance with iaw and the aforestated dedsions, on its own merits. wlthin a period of 8 weeks from the daie of receiDt of the representatlon. subject to verification ofthefacts. 7. In view of the foreaoina, thls oetition is disoosed of. No order asto costs. Satish K. Agnihotri Judge Arun