^,z @ IN THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION (S) No.ti3^ /2011 PETITIONERS rt< ^•h&y ,.-<^,.'/^" ^:' ^" ^-•"' ^ RESPQNDENTS: /\. Laxmi Prasad Kashyap S/o Shyam Lal Kashayap aged about 51 Years, presently working as Upper Division Teacher at Govt. Girls Middle. School Sipat, Block - Masturi, Distt. Bilaspur (C.G.) 2. Rammanohar Kori S/o Butiyaram Kori aged about 54 Years, presently working as Head Master at Govt. Boys Middle School Sipat, Block - Masturi, Distt. Bilaspur (C.G.) VERSUS , 1. State of Chhattisgarh Through Secretary, Departtnent of Education Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) ^2. The District Education Officer, District Bilaspur (C.G.) 3. Block Education Officer, Block Masturi District Bilaspur (C.G.) 4. Joint Director, Treasury,accounts, pension, Bilaspur District-Bilaspur (C.G.) ,. WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA v> '<'^^.;.:^ HIGHCOURT OP CHHATTISGAJRH AT BILASPUR SB : HON'BLE SHR3 JUSTICE PRITINKER DIWAKBR PBTITXONBR W.P.(S| HO. 43SS/2011 Laxmi PraBa-d K.a.shyap & Another Wcrsus RESPONDEKTS Stete ofC.G. & Otliers WRIT PBTITIOH UH23SR ARTICLE 226/22T Or THB CON§TITUT2QN OF mpiA Appearaaee: Shri Ashwmi Shukla, counsel for the petitioners. Smt. Smita Ghai, P.L. for fhe State. ORAL_0]RDBR (05.08.20111 Wifh. tlie consent oftiie parti.es,, t'he laatter is heard finaBy. The petitioners were m.itiaUy appomted as Assistant Teactier on a fixed pay ofRs. 150, Aft.er conipletion oftheir probatioii period, they were granted. regiilar pay scale ofRs, 1.69-300. Learned couiisel for the petitiouer sub-mits th.at the above issue has been considered by the M,P, Stete Admiiiistrativfc: TribunaJ, Jabalpur ro. O.A, No, 2745/89 be^eea Madhuka.nt Yadu a.nd 56 ot.he.rs Vs, State of M.P. and ofhers, wh-erein it was held that the simii.srly situated teachers are entitled to regular pay scale wifh el'fect froxn- the date of ixiitial appoiiitmient. Tlie matter was taken up t.o the Hon'ble Suprem.e Court. The appeal was dismiissed by the Hon'bte Suprexiie Court upliolding the decision of the Tribunal to the effect fhat tlie Teachers/Assista.nt Teachers are entitled to regular pay scale froni the date of iaitia] appointiiient, It is further subinitted fhat thls Court while cousi.des'mg the same issue io. r.P, (S) NG. 4725/2006 betweenAniar Sai Rcmz & Others Vs. State of Chhnttisgarh wzd Otfwrs by order dated 01.09,06 allowed tlie petitioners to niake a representation witliio, a period often days, rai-siag atl the grievances^ ^-^"<-^\ •^•% '"%; '^ Accordmgly fh.e petitioiiers are granted Mberly to mate a -representation raising aJl. fheir grievaiices in fhe Mght of the aforesaid judgment arid fhe circular dated 05,01.2011 (Annexure P/2), ajid in tursi the coiicenied respondent is directed to ciecide the representation, if aay, in a.ccordance with law, on its own merits, withiii a period of eight weeks from the date of receipt of the representation subject to verification of the facts» It is niade clear that this Court has not expressecl aay opmiion on merits of th.e case ao.d ttie authority cosicero.e.d would be a.t. liberty to decid.e tli.e appeal of th.e petit.ion.er in accordance wi.th. law. :ln view of tlie foregoing, this petitioii is disposed of No order as to costs. ~- -- Sd/- Pritinker Diwaker Judge