.-...?: •Mt^^ra ^ IN THE HON'BLE COURT OF CHHATTISGARH AT BILASPUR C.G. W.P. (S)No..&<to.o':1..........2011 PETITIONER RESPONDENS (1) ..-••''^ \^y/ :^^/^w (^)^'/' ..••/'»".•" ' ..•" ^y^ .••"'^' ..••'• ,\V- ^' t<!"y</^ '...••<^ ..•••'^- (3) Smt. Mira Sahu, W/o Dr Ramlal Sahu Aged about 47 Years, Near Digjam Show Room Near Santoshi Mandir Pandri District Raipur (C.G) The State Govt. of Chhattishgarh, Through - The Secretary, School Education Departaient, D.K.S. Bhavan, Raipur (C.G.) District Education Officer, Raipur C.G. Block Education qfficer fe^^ Tilda/Arang/Dahrsiva, District Raipur (C.G) WRIT PETITION UNDER ARTICLE 226 OF THE ^^^i^S;^;^?^ '^^MSSK&^' '^SS^i^SSS'i.i'S'i ^SK^^^SS^S^^ "'^^£t1^^^^^'^ 'KS^S^^^^^i^ iiseassss HIGH COURT OF CHHATTISGARH: BILASPUR S.B.: Hon'ble Shri Manindra Mohan Shrivastava, J. PETITIONER RESPONDENTS Writ Petition (S) No.2689/2011 Smt. Mira Sahu Versus State of Chhattisgarh and others :.'%i^iS^^^%] i^^ts;>N^i.1 Writ Petition u/A 226 of the Constifution of India Present: - Shri Sorrikant Verma, counsel for the petitioner. Shri N. Naha Roy, Panel ' Lawyer for State/respondents on advance copy. ORAL ORDER (Passed on 13th May, 2011) the ••^3fs3^^^M ^s!?iS^?^^^s ^^.^•ff^g^yf^ ''f^^^-^S??^i With the consent of leamed counsel for the parties, the ^3|||S® matter is heard finally. 1. The petitioner was appointed as Trainee Teacher on a fixed pay of Rs.1200/-. After successfully completing the probation period of 2 years, she was granted regular pay scale. 2. Learned counsel appearing for fhe petitioner subraits that the issue involved in the case is as to whether, the petitioner is ..entitled to regular pay scale wifh effect from the date of initial appointment or after corapletion of probation period. 3. The issue involved herein was considered by the Madhya \ Pradesh State Administrative Tribunal, Jabalpur in ^SS^SSs^^S^ '^^:^S!^'K::^SS^ 'iXSSSSSS ^SSgBSB, %ggBgig :"^S?;"^'^F3%KK; ^^-i;i?i^'^^'^^iS? l^iT5^SE3 ys^^^^^^M ^^^S^f^S^ ^i^^&Ms-a^ ^^^^^s^ O.A.No.2745/89 {Madhukant Yadu and 56 others v. State of M.P. & others), wherein, it was held that the siniilarly situated teachers are entitled to regular pay scale with effect frtim the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court in special Leave Petition (Civil) No.6892/93. 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 fhe 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 01/09/2006, allowed the petitioners to make a representation within a period of ten days, raising all their grievances. 5. Learned counsel for.fhe petitioner further submits that now the State Govt. has issued an order on 5th January, 2011 (Annexure P-5), wherein, it has been ordered that those who have been appointed be'fore 1982 and after 1995 on a fixed pay, are entitled to regular pay scale from the date of initial appointraent upon suceessful 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 /:^^^^^& ^^°?^ssse^^ 'ls^SSw^'-s^S.. ^^^^^^ys 'f^ss^i^^ ^^i^^^l^? ^. .^T^^•'^•"?%§^1^ •^'^•^•^w^fS^S^,^^ .:-''''S^^w'K^y-SS^ ^^^gsS^y^;;^ ^^•'fS^.i^..;^^. ^y'w^^^.&^: j^^^^^^^ ^l^g^^ sSS^ih. 'B: s^ ''s^-y :t-^^ s^!^%i^i^';fe ::-r;':-''S.:^ '>t^;;i-tSS^y.<y%?< judgment and circular dated 5.1.2011 (Annexure P/5), and in ?|g^^^| ^viSeiSSSSS turn, the concerned respondent is directed to decide thei;;,||g|g^g representation, if any, in accordance with law, on its own m.erits,^ within a period of three months from the date of receipt of the representation, subject to verification ofthe facts. 7. In view ofthe foregoing, this petition is disposed of. No order as ; to costs. -- - S.^g.Sg^^ Sd/- Manindra Mohan Shrivastava Judge Tumane tf^.^^^i^ ^^^ c^^f3^^ •S^^KsS'^ -'ssssisiitsses 'yS^'SS^S^^^':. "^^Si^SSSSsjf^S:-3vl- e'SSSSSSSteS 'swssfssiavs '^%^^iiS' ^t^®^^^^ •/^ftg^'^;^^^^ :-;, j s^-s^y, Ejjj^-LA^ZJL- frt