QQwQ,_ IN THE HON'BLE HIGH COURT OF CHHATFISGARH AT‘BILASPUR (C.G.) WRIT PETITION S NO. “W/OF 2011 §§§§é§3LE gE'NIM / Vijay umar Choubey, S/o Shr K i Ramswarath Choubey, aged about 48 years, (Headmaster) Middle Block School, Suwarkodwa, Ramchandrapur (Ramanujganj), District Surguja (C.G.) VERSUS RESPONDENTS State of Chhattisgarh, Through: the Secretary, Department of Tribal Welfare, D.K.S. Bhawan, Raipur (C.G.). ‘ The Commissioner, Tribal Welfare Department, Raipur (C.G.) Thr Assistant Commissioner, Tribal Welfare ,Department, Ambikapur, District Surguja (C.G.) The Joint Director, Treasury, Accounts, Pension, f Ambikapur, District SUrguja-(CLGJ The Block Education Officer, Block Ramchandrapur (Ramanujganj), District Surguja (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIONOF INDIA PARTICULARS OF THE PETITIONER As given in the cause title. mw mm m i xi mmm w m ”Mm mnmm/w «wwwwmbwirWmmymwuwmummm m A PETITION ER HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 192 of2011 PETI’l‘ION‘ER : Vijay Kumar Choubey. VERSUS RESPONDENTS : State of Chhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITI JTION OF INDIA SB: Hnn’ble §hrl Satish K. Agnihotri, J. Present: Shri Rahul Mishm Advocatz for the petitioner. ‘ ‘Shri Sushil Dubey; GA for the State/respondents. ORDER ORAL (Passed on 14 day of January, 2011) 1. The petitioner was initially appointed as Deputy Teacher on a frxed pay of Rs. l50/—. After completion of probation period, he was granted regular pay scale. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is asto whether, the petitioner is entitled to regular pay scale w.e.f the date of initial appointment or atter completion of probation period. 3. The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu and 56 others Vs. State ofMP. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme C§V Court upholding the decision of the Tribunal to the effect that 1he Teachers/Assistant Teachers are entitled to regular pay scale hem date of initial appointment. 4. Learned counsel appearing for the petitioner also submits that this court, while considering the same issue inAmar Sai Ram & athers Vs. State of Chham‘sgarh & others [W.P. (S) No. 4725/2006] by order dated 01.09.2006, allowed the petitioners to make a representation along with copy of the petition and annexures within a period of ten days, raising all their grievances and in turn the concemed respondent § was directed to decide the representation in an objective manner within a period of 30 days trom the date of receipt of the representation. 5. Accordingly, the petitioner is gamed liberty to make a representation raising all his gn'evances 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 8 weeks from the date of receipt ofthe representation. 6. In View of the foregoing, this petition is disposed of. No order asto costs. Sd/- Satish K. Agnihotri Judge Amit