(L^ ^ '¥ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION (S) No.7?3J^ /2009 PETITIONBRS {. .^y,.- ^csy ^••"^•y «' <y- ^ Panna Lal Sharma S/o Kalicharan Sharma aged about 59 Years Head Master, Govt. boys Primary school Jarve (B), Block - Balouda, Distt. Janjgir - Champa (C.G.) Charan Das Sarthi S/o chinta Das Sarthi aged about 58 Years Head Master, Govt. Middle school Gatawa, Block - Balouda, Distt. Janjgir - Champa (C.G.) Vinod Kumar Dubay S/o Ghansyam Dubey aged about 56 Years, Upper Division Teacher, Govt. Higher Secondary school Balouda, (Middle Dept.) Block - Balouda, Distt. Janjgir - Chanipa (C.G.) VERSUS RESPONDENTS: ^" 1: State of Chhattisgarh Through Secretary, Department of Education Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) ^ _ ~ 2. The District Education Officer, District Janjgir- Champa (C.G.) 3. Block Education Officer, Block - Balouda Distt. Janjgir-Champa^ (C.G.) 4.\ Principal Govt. Higher Secondary school Balouda, Distt. Janjgir - Champa (C.G.) ^J WRIT UNDERARTICLB 226 OF THB CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (S) No. 7314 of2009 -^, PETITIONER RESPONDENTS Panna Lal Sharma & Others. VERSUS State ofChhattisgarh & Others. WRIT PETITION LWDER ARTICLES 226 OF THE CgiiSTFTLTION OF INDIA SB: Hon'ble Shri Satish K. Agmhotri, J. Present: Shri .^shwani Shukla, Advocate for the petitioners. SM Paiikaj Slirivastava, Panel Lawyer for the Statc/respondents. ORDER (ORAL) (Passed on 16m day of December, 2009) With the consent ofthe parties, the matter is taken up for hearing fmally. 1. The petitioners were initially appointed as Deputy Teacher on a fixed pay of Rs. 150/-. Afler completion oftheir probation period, they were granted regular payscale ofR.s. 169-300/-. 2. Leamed counsel appearing for the petitioners submits that the issue involved in the case is asto whether, the petitioners are entitled to regular pay scale w.^.^ the date ofinitial appomtment or after completion ofprobation 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 ofM.P. & 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 Court upholding the decision ofthe Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from. date of initial appointment. 1 4. Leamed counsel appearing for tlie petitioners also submits that this court, while considering the same issue m Arnar Sai Ram & others \\ State ofChhattisgarh & others [\V.P. (S) No.4725/2006] by order dated 01.09.2006, allowed the petitiosiers to make a representation within a period often days, raising all their CTievances. 5. Accordingly, the petitioners are granted liberty to make a representation raising all their gi'ievances in light ofthe aforestated judgment and the circular dated 13.01.2009 (.^niiexiire P/2) and in tura, the concemed respondent is directed to decide the representatiosis, if any, in accordance with law, on its own merits, within a period of 8 weeks from the date of receipt of the representation, subject to verification ofthe facts. 6. In view ofthe foregoing, this petition is disposed of. No ordcr asto costs. Sd/- SatishK.Agnihotri Judge ^mt