c/6^ ^^^7 /^ s 4 IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 7^J, /2009 PETITIONERS ^ 1. Dashrath Singh Rathore S/o Shri Bahadur Singh Rathore aged about 49 years Head Master Govt. Primary School Dewri Block Masturi District- Bilaspur (C.G.) ^2. Tirith Ram Rathore S/o Shri Bharat Lal Rathore aged about 50 years Head Master Govt. Primary School Sukharipali Block Masturi District-Bilaspur (C.G.) VERSUS ^'"^ ^^.. y RESPONDENTS ^M"5S^ ' ^'~ ^.^ 1. State of Chhattisgarh Through the Secretary School Education Department, D.K.S. Bhawan, Raipur (C.G.) 2. The District Education Officer, Bilaspur (C.G.) 3. The Block Education Officer, Block- Masturi, District Bilaspur (C.G.) WRIT UNDER ARTICLE226 OF THE CONSTITUTION OF INDIA L- o HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (S) No. 7303 of 2009 PETmQNE.RS RESPONDENTS Dashrcith Smgh Ratliore & aiiotiier, VERSUS State of Chhattisgarh & othe.rs. WRiT_PETITiaN_UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hoa?ble Sbxi K. Agaihotri, J. Present: Shri As-hwani Shukla, Advocate for the petitioners. Shri P/K.Bhaduri, Paael La^yer for the State/responde.nts, ORDERIORAL1 (Passed on 14th day of December, 2009) With tlie conseiit of the parties, tlie inatter is taken up for heaiiag finaUy, 1, The petitioners were mitially appoiiited as Depiity Teacher 011 a fixed pay of Rs. 300/-, After. completion of tlieir probation period, tliey were graiited regular pay scale. 2. Leanied counsel appeaiiiig for tlie petitioners submits that the issue •io.volved m tlie case is asto whetlier, tlie petitioner is eutiUed to regular pay scale w.e.f. tlie date of mitial appointment or aiter completion ofprobation period. . The issue involved, hereui was cousidered by tiie Madhya Pradesh State Admmistrative Tribunal, Jabalpm' in. O.A. No. 2745/89 (Madhiikant Yadii aad 56 others Vs. State of M.P. & others), wherein it was held fhat tlie similaiiy situated teachers ai'e entiUed to regular pay scale w.e.f. fhe date ofiaitial appomtment. The matter was taken up to Hon'ble Suprcme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by flie Hon'ble Supreme Court. iipholding the decision of the Tribunal to the effect tliat the Teachers/Assistaiit Teachers are entifled to regular pay scale from date of iiiitial appoio.tm.eiit. 4. Leanied counsel appeariiig for the petitioiier also subsiiits that tliis court, while considenn.g tlie same issue iii Amar Sai Rwn & others v, Siafe of Chhatiisgarh & others ^W.P. (S) No.4725/2006] by order dated 01.09,2006, allowed tlie petitioners to make a represeutatioii witliia a period ofteu days, raisiiig aU ttieir grievaiices, 5, Accordiiigly, tlie petitioners are graated libeil)r to m.ake a representatiou raisiiig ail tlieir grievaiices ao.d ni tuni, tlie concenied respondent is directed to decide tlie representatioxis, if any, in. accordaace witli law, on its own merits, withni a penod of 8. weeks fronx the date ofreceipt ofthe representation, subject to verification of tlie facts, 6. In view of the foregomg, this petition is disposed of No order asto costs, Sd/- Satish K. Agnihotri Judge