IN THE HON'BLE HICSH COURT OF eHHATTISGARH AT BILASPUR WRIt' ^SI'ITION tSl No; /^Oll ^: & \^y^ i.'-it\y ^.•••'' ^i^ ,<.^y l^ •SS PETITIONERS 1. Ganesh Ram Kanwar S/o Shri Shiy Prasad Kanwar , aged^ alDgu^ ^ OGCypation Head Master, at Govt. Middle School Sajapali Block Kartala, Distt. Korba(C.G.) ^ 2. Fagulal Sidar S/o Shri Fulchahd Sidar, aged about 52 Years,occupation Head Master, at Gbyt. Middle School Kachhar Block Kartala, Distt. Korba (C.G.)'-. ,.;,,;:.1- VERSUS 1. State pf Chhattisgarh Through Secretary, Tribal Welfare Deportment D.K.S. Bhawan, Raipur, (C.G.) 2^ Cpmmissioner, Tribal Welfare Deportment, ' Raipur District Raipur ...(C-G-):':::.::::IJ': ••^^ . 3. Assistant Commissioner, Tribal Welfare Deportment, Korba ' District Korba (C.G.) WRIT UNDE^R AR'TKSLE i226 OF THE CONSTITUTION OF INDIA RESPONDENTS: XI-HC—78 aiI^IW^TH; 'cISff STT^F'^rqfq? -ar: ^r. WHtlT (h*11<ti TST •<1|<j|c)t|, ®T)ly'l(o,FslMK-iy . lo.P.(^)^o. ^aai^/ii 200 Sf^il T5RT (1c][3«l<t^) TOIIW ^ifef sn^fT SB: Hon'bie Shri Manindra Mohah Shrivastava, J. 21-OS-2QJ1 Shri Ashwani Shukla, couns^ finally. CM'4f<niih 'WRff ^f 'feT^ <pij^l'(. ^sifOTsn^F forthepetitioners. Shri N. Naha Roy, Panet Lavfyer for the State. With the consent of learned (tounsel forthe parties, the matter is heard Fhe petitioners were appolnted on a fixed pay of Rs.150/-. After on period of 2 years, they were granted successfully completing the probat reguiarpayscaie. Learned counsel appearing |for the petitioners submits that the issue involved in the case is as to whetjier, the petitioners are entitled to regular pay scale with effect from the date (>f initial appointment or after completion of and 56 others v. State of M.P. Learned counsel appearing Court, whiie considering the same of ChhaWsgam & Others lW.P.(S) probation period. The issue involved herein '(vas considered by the iviadhya Pradesh State Administrative Tribunal, Jabajpur in O.A.No.2745/89 {Madhukant Yadu & others), vmwem, it was heid that the similariy situated teachers are entfled to reguiar pay scate with effect from the dateof initial appointment. The matter was taken up to the Hon'ble Supreme Court in special LeaveP^titibn (Civii) No.6892/93. The said petition was dismissed by the Hon'ble Sypl'eme Court, upholding the decision of the Tribunai to the effect that the Tefechers/Assistant Teachers are entitted to reguiar pay scaie from the date of ii|iitiai appointment. |For the petitioners further submits that this jssue in Amar Sai Ram & Others v. Srate No.4725/2006] by order dated 01/W/2006, /^ .^-" ^•^. ^ i 1 ^sy-j^ '^ ''y'^'1 -•..^^Xj.Hc—78 ^ "TST '<)|t)|ciq, ®1l|'y<|S,fsXni.My IIHCTI tb*<|CB ^Y^o- Saio/;) "TFt.200 sn^l 'q^? ('^3^1) sn^iw R;-t 'WT 3TT^?r sti+ii^ \. L?9ypu te- gwiw ^lftn an^i ^- aliowed the petitioners to make a i|epresentaiion within_ a period of ten days, ...Jteisjng a;liStei tiei@1ces- e'M is<5isie-!n;u %e'8r'<i'ff@1^3 ffie petitioners ai £'se§^m^^3§MS^<FK:es'inthe li( dated 27/12/08, and in turn, the conj ifany, in aooordance < "~p»):a§' t'nree monfhs frbm the date of receiplj of th.e facts. in view of the foregoing, this p^tition is disposed of. i|e granted liberty to make a representation ly'nt of the aforesaid judgment and oiroulare (;erned respondent is directed to decide the i|vith iaw, on its own merits, within a period of of the representation, subject to veriflcation ^wferoN 'WRif if ft'st tRn<(i< ^; aifin sm$?i Shrivastasa