(D IN THE HON'BLE HWWM BILAsPvR (ca) $§m§a Ekmaih abou‘r 55 year's, 5/0 Shri Indra pmsad Gup’ra, Head Mas’rer, CA“ J ”5\\%\/§W \\ /\\ - f. ’ Governmem‘ Pr‘aTappur Primary School, Dhondha Block Pr'm‘appur‘, Dis’rT. Sarguja (C.G.) Qx‘} “2. K éochchelal Sahu, aged abouT 63 years, S/o Shri Pandu Ram Sahu, r'e’rir‘ed Head Masfer‘, Governmen’r Primary School Dabr‘ipar'a, Disrr. Bhaiyal‘han, Surajpur, Sarguja (6.6.) Durdharsh prasad Rajwade , aged about 57 years, S/o Shri Gulab Ram, Head MasTer, Governmem‘ Primary School Pida, Surajpur, . J .l/ r Dis’n‘. Sarguja (C.6.) 4. Surendra Prasad Sharma, aged abouT 53 years, S/o Shri KanTi Prasad, Sankul Samnavayak, Governmenf Primary School Ramoli, Bhaiya‘rhan, Suraj pur, Disf‘r. SarguJa (C.G.) 5. Manohar prasad Yadav, aged abou’r 56 .years, S/o Shri Sukhram Yadav, Head Master, Governmenl Primary 3203 W.P. (S) NO. . /2011 / PETITIONERS :1. Kameshwar Pmsad éupmi aged School Kewr‘a, Bhaiyafhan Block Sumjpur‘ DisTT. Sarguja (C.G.) VERSUS : 1. / sme of‘Chharrisgarh REsPoNDENTs Through Secretary, School Educafion Depam‘menf I D.K.S. Bhawon, Raipur (6.6.) 2. Direcfor‘ Public Insfr‘um‘ions ‘ Raipur‘ (6.6.) 37/, Distric’r Education Officer Sarguja , DisfT. Sarguju (C.G.) JoinT Dir'ecTor, Treasury, accounTs, pension, Ambikopur Dis‘rf. Sarguja (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA § X mm 200 . 90.9. é) m‘kgmg H mm (Wu) anéwmw ammm mmm WW WW $aimaméar SB : Hon’bie Shri Manindra Mohan Shrivastava J. 23-06-2Q11 Shri Rahul Mishra, counsel for the petitioners. Shri Y.S. Thakur! Deputy AdvoCate Generai for the State. With the consent of iearned colunsel for the parties, the matter is heard hnaiiy. The petitioners were appoin‘ed on a fixed pay of Rs.150/-. After successfuiiy completing the probatio period of ‘2 years, they were granted reguiar pay scale. Learned counsel appearing f r the petitioners submits that the issue involved in the case is as to wheth r, the petitioners are entitled to reguiar‘ pay scale with effect from the date of initial appointment or after completion of probation period. The issue involved herein w s considered by the Madhya Pradesh State Administrative Tribunai, Jabaip r in G.A.No.2745i89 (Madhukant‘ Yad‘u and 56 others v. State of MP. others), wherein, it was held that the similarly situated teachers are entitl d to regular pay scale with effect from the date of initial appointment. Th matter was taken up to the Hon‘ble Supreme Court in special Leave Peti on (Civil) No.6892/93. The said petition was dismissed by the Hon‘bie Supre e Court, upholding the decision of the Tribunal to the effect that the Teac erslAssistant Teachers are entitled to regular pay scale from the date of init al appointment. Learned counsel appearing fo the petitioners further submits that this Court, whiie considering the same is ue in Amer Sai Ram & Others v. State of Chhaifisgarh & Others DN.P.($) N .4725/20061 by order dated 01/032006! allowed the petitioners to make a re. resentation within a period of ten days, XI~HC—78 . w‘Ppé) Macaw lr mm 200 WW (Wu) mwfa‘wia? WWW WWW WW 6Q.— $WW WWW Deepii raising ’all their grievances and in turn, the concerned respondent was directed to decide the representation in an objective manner within a period of 30 days from the date of receipt of th representation. Learned counsei for the petiti ners further submits that now the State Govt. has issued an order on 5‘“ J nua'ry, 2011 (Annexure P/3) wherein, it has been ordered that those who ha e been appointed before 1982 and after 1995 on a fixed pay, are entitied to egular pay scaie from the date of initial appointment upon successful compie ion of ‘2 years period of probation. Accordingiy, the petitioner are granted iiben‘y to make a representation raising ail their griev nces, in light of the aforesaid judgment ~' and order dated 05/01/2011, and in turn, the concerned respondent is directed to decide the representatio , if any, in accordance with iaw. on its own merits; within a period of three months from the date of receipt of the representation! subject to verification fthe facts. ln view of the foregoing, this p tition is disposed of. f Sd/- r r Manindra Mohan Shrivastava Judge