® IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.(5) No. @é3 /2o1>1 PETITIONERS Tajjamul Hasan, S/o Jaimul Hasan, aged abouf 54 years, Headmaster, Govt. Primary Schooi, Kumbel, Block-Mainpat, Dis‘rT. Surguja (C.G.) 2. Ghanshyom Yadav, S/o Shri RaTan Ram, aged abou’r 49 year's, Headmaster, Govt Primary school, Kunmera, Block— Si’rapur, Dis’r’r. Surguja (C.G.) Chhafmpal Vishi, S/o Muganu Ram, headmas’rer, Govt Primary School, Khandgaon, Biock Mainpa’r, DisTT. Surguja (C.G.) 4. Pradumn Lal Gup’ra, S/o Laxman Prasad Gupfa, aged abou’r 51 years, Govt. Primary School, Sarbhanja, Block Mainpof, Disll. Surgujo (C.G.) VERSUS ¢ .4 : 1. STaTe of Chha’r’risgorh RESPONDENTS The Secre‘rary, Through Education/ Tribal Welfare, Depar’rmem, D.K.5. Bhawan, Raipur (C.G.) 5L @ 2. /" Distrid Educa’rion Officer, Disf‘r. Surguja (C.G.) / 3. Assis’ranf Commissioner Tribal Welfare Deparfmen‘r Distf.‘ Surguja (6.6.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA‘ HIGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon’ble Shri Prashant Kumar Mishra Writ Petition (S) No. 869/2011 PETITIONERS : Tajjamul Hasan and others Versus RESPONDENTS z State of Chhattisgarh and others Appearance: Shri Apil Singh Rajput, counsel for the petitioners. Shri Y.S. Thakur, Deputy Advocate General for the State. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORAL ORDER (14.02.2011) The petitioners were initially appointed on a fixed pay of Rs.150/-. After completion of the probation period, the petitioners were granted regular pay scale. (2) Learned counsel appearing for the petitioners submits that the issue involved in the case is as to whether, the petitioners are entitled to regular pay scale w.e.f. the date of initial appointment or after 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 of M.P. & others), wherein it was held that the similarly situated teachers were entitled to regular V i pay scale w.e.f. the date of initial appointment. The matter was taken up to the Supreme Court in Special Leave Petition (Civil) No. i6892/93. The said petition was dismissed by the Supreme Court 1 i i l i . l wm 5”) upholding the decision of ths Tribunal to the eEect that the Teachers/Assistant Teachers are entitled to regular pay scale from date of initial appointment. (4) Learned counsel appearing for the petitioners also 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 petitioner to make a representation within a period often days, raising all their grievances. (5) Accordingly, the petitioners are 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 aforesaid decisions, on its own merits, within a period of 8 weeks from the date of receipt of the representation, subject to verification of the facts. (6) In view of the foregoing, this petition is disposed of, however petitioners claim regarding seniority is rejected in View of the limited prayer made in this petition on the strength of similar order passed in W.P. (S) No. 7699/2010. Sd/~ Prashant Kumar Mishra Judge