C ^ l^o^ tc"Iifti.^ ItNI-N .^'.^ ''; •• "^.:^ ^^ -•'' ';-:~'' ./ IN THEHON*BLE HIGH COURT OF CHHATTISGARH ^ ^ vr.p.lsiNa AT BILASPUR »0. ^f^ /2009 PETITIQNER RESPONDENTS . ^-^ ^My ^' ^•'' Y\^, ^yy ^^" ^ .^•^ ^ Balsingh Nag, S/o Pakru Ram Nag, aged about 59 years, working as Head Master, Govt. Primary School, Tetapara, Block - Bhanupratappur, Distt. - Kanker (C.G.) VERSUS ^: 1. State of Chhattisgarh Through :- The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.G.) 3. Assistant Commissioner, Tribal Welfare Department, Kanker, Distt.- Kanker (C.G.) /4. Block Education Officer, Bhanupratappur Distt.- Kanker (C.G.) ^S. Treasury, Account 8s Pension Kanker, Distt.-Kanker (C.G.) ^^ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. / ^ HIGH COURT OF CHHATTISGARH AT BiLASPUR ;^ WRIT PETiTION (S) No. 7389 of 2009 PETITIONER RESPONDENTS Baisingh Nag. VERSUS State of Chhattisgarh & Others. WRILPETmON UNDER ARTICLE 226 QF THE CONSTJTUTION OF INDiA SB: Hon'ble Shri Satish K. Agnihotri, J. Present: Shri Somkant Verma, Advocate forthe petltioner. Shri N.N.Roy, Panel Lawyerforthe State/respondents. ORDER (ORAU (Pa^ed on 17th day of December, 2009) With the consent of the parties, t'ne matter Is taken up for hearing finaliy. 1. The petitloner was initiaily appointed on a fixed pay of Rs. 100/-. After compietion of probation period, he was granted reguiar pay scaie. 2. Learned counsel appearing "for the petitioner submlts that the Issue invoived in the case is asto whether, the petitioner is entltied to reguiar pay scaie w.e.f. the date of initial appolntm^nt 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 heid that the simiiarly situated teachers are entitled to reguiar pay scale w.e.f. the date of initial appointment. The matter was taken up to Hon'ble Supreme Court in Speciai Leave Petition (CIvil) No. 6892/93. The said . petition was dismissed by the Hon'ble Supreme Court uphoiding the decision of the Tribuna! to the effect that the Teachers/Assistant ^b llrf^ Teachers are entitied to reguiar pay scale from date of initia! appointment. 4. Learned counse! appearing for the petitloners aiso submits that this court, white considering the same issue In Amar Sai Ram & othes^ v. State ofChhattisgarh & others [W.P. (S) No.4725/2006] by order dated Q1.09.2006, allowed the petitioners to make a representation within a period of ten days, raising all their grievances. 5. Accordingly, the-petitioner is granted liberty to make a representation raising all his grievances in light of the aforestated judgmentand the drcular dated 13.01.2009 (Annexure P/6) and in turn, the concerned respondent is directed to decide the representations, If any, in accordance with !aw, 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 petitio'n is disposed of. No order asto costs. Sd/- SatishK.Agnihotri Judge Amit