^ C^ i S»NGl£BENCH IN THE HON'BLE HI6H COURTOF CHHATn:S6ARH AT BILASPUR (C,6.) W.P. (S) N0. S-6L /2011 PETITCONER RESPONbENTS ^^" \ ^'•^' _-I^.< S...- Ujin Ekka, Aged about 39 years, S/o Late Habil Ekka, Peon, Government Higher .Secondary School Bade Bhandar, District-Raigarh (C.6.) VERSUS 1.' Stateof Chhattisgarh Through Secretary, School Education Department D.K.S. Bhawan, Raipur (C.6.) District Education Officer District Raigarh (C.6.) Joint Director, Treasury, Account & Pension Bilaspur Division, Bilaspur (C.6.) 4. Rrincipal, 6overnmentHigher Secondary School, Bade Bhandar, Block Pussore bistt Raigarh (C.6.) 2. 3. /' 1. WRITPETITEON UNDER ARTECLE 226 OF THE CONSTCTUION OF INDIA PARTECULARS OF THE PETCTCONER As mentioned in the cause title. //' l^s ,•<> HjE BT*?ie*^"» Se^t "" ? iCH : 'BLE PRASHANT KUMAR MSSHRA. J. .P.ISiNo.SOI of 2011 Ujin Ekka. State of Chhaffisaarh and others. 'fti,! r'fcl uc TjCLE 226 01 ISTIIUn iNDiA. Appearance: Shri D.R. Patel, counse! for petitioner. Shrl Prasun Bhaduri, Panel Lawyer for th< (28/01/; 1} Foliowing ora! o Kumar P/iishra. J. ler of the Court was passed by The pay scaie, petitioner was Injtialiy appolnted on a fixed pay. ATter of the probation period, the petitloner was granted regular (2) Learned counsei appearing for the petltioner submits that the issue invoived in the case is asto 'ivhether. the petitioner is entifled to reguiar pay scale w.e.f. the da.te of initia! appointment or after completion ofproba.tjonperiod. (3) The issue invoived, herein was considered by the M£ Pr-adesh Administrative Tribuna!, Jabalpur in O.A. No. Yad'j and 56 others Vs. ofM.P. & others), was held that the similariy situated teachers were entitled to regula scale w.e.f. the date of initia! appo'ntment. The matter was taken the Supreme Court in Special Leave Petition (Clvil) No, 6892/93. said petition was dismissed by the Supreme Court upholdinc decision of the Tribuna! to the effect that the Teachers.i' Ass -Teachers are entitled to reguiar pay scate from date appotntment. 5/89 rein it srpay upto The the istant initla! ,K'""aaa%.^ >y-<^ ;:1 ^ISIS», I •^ •-^^^.^&^ ^ '•^•s^ ^ ^ '%t,.-C>''.L<? •z.. •{— 1 submits that this Ram & others v. 3] by order dated within a (4) Leamed counsel appearing for the petitioner als court, v/hiie conslderina the same issue in Amar Sa of Chhattisgarh & oUiers pW.P. (S) No.4725/2( 01 .Q9.2006, allowed the petitioner to make a )eriod often davs, raising -all their arievances. (5) . Accordino'y. the petitioner is granted liberty to make a representation raising all the grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law and the aforestated declsions, on 'ts own merits, within a period of 8 weeks from the date of receipt of the representation. subject to verification ofthe facts. (6) In view of the foregoing, this petition is disposed of. Sd//- Prashant Kumar Mishra Judge