f 3§z®gia $§§fich IN THE HON'BLE HIGH COURT OF CHHA‘ITISGARH AT BILASPUR (C.G .) w.P. (s) No. (5%” /2011 / :1. Ramadhar‘ Kur'r‘e, aged ~abou‘r 58 years, S/o Shri Kunnuram Kurr‘e, Lec‘rur‘er', Governmen’r Higher Secondary School Lakhanpur, Block Lakhanpur, Ambikapur‘, Dis‘r’r. Sarguja (C.G.) Devdhur‘i Pr'asad, aged abou’r 62 years, S/o Shri Bhagwan Das, retired Head Mas‘rer, GovernmenT Primary School Gorafa, Lakhanpur, Ambikapur, Dish‘. Sarguja (C.G.) BasanTlal Jaiswal, aged abouT 56 years, S/o Shri 'Thakur Prasad Jaiswal, Head Mas’rer, Governmen’r Girls primary School, Surajpur, Dis‘rf. Sarguja (6.6.) Kamfa Prasad Jaiswal, aged abou’r 52 years, S/o Shri Brijlal Prasad Jaiswal, Head MasTer, Governmenl Primary School Chhaperpara, ( Podi ) Ramanujnagar, Surajpur, Dish‘. Sarguja (C.G.) Kapildeo GupTa, aged abouT 57 years, S/o Shri-Paduram Gup’ra, Head MasTer, Governmenf Primary PETITIONERS School Jaypur, Block Lakhanpur, Ambikapur‘ Disf’r. Sar‘guJa (C.G.) VERSUS 1. “f STaTe of Chha‘h‘isgar‘h Through Secre’rar‘y, School Education DeparTmen’r D.K.S. Bhawan, Raipur‘ (6.6.) Direcfor Public Ins’rrucTions J‘Raipur' (C.G.) 3. DisTricT EducaTion Officer Sarguja , DisTT. Sarguja (C.G.) Join’r Director, Treasury, accoum‘s, pension, Ambikapur Dis‘r’r. Sarguja (6.5.) Ox/ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA J00 RESPONDENTS : . v0~?-@wo'3zav mm ............................................ 1 H 200 mm (Wu) WWW wmm muféam others}. wherein, it was held that the similarly situated teachers are entiti d to regular pay scaie with effect from the date of initial appointment. Th matter wastaken up to the Hon'bie Supreme Court in special Leave Petit on (Civil) No.6892/93. The said petition was dismissed by the Hon‘ble Supre e Court, upholding the decision of the Tribunal to the effect that the Teac ersiAssistant Teachers are entitled to regular pay scale from the date of init i appointment. Learned counsel appearing fo the petitioner further submits thatthis _ Court, whiie considering the same is ue in Amar Sai Ram & Ofhers v. State . l of Chhattisgam & Others [INF.(S) N 4725/2006} by order dated 01/09i2006, WW ‘%€TW $3imm 3B : Hon’ble Shri Manindra Mohan 23-06-2011 ‘ Shri Rahul Mishra, counsei for the petitioners. Shri Y.S. Thakur, Deputy Advocate Generai for the State. . hnaiiy. With the consent of learned counsei for the parties, the matter is heard The petitioners were appointed on a fixed pay of Rs.150i—. After successfully compieting the probatiow period of 2 years, they were granted regular pay scaie. Learned counsei appearing folr the petitioners submits that the issue y Shrivastava J. involved in the case is as to wheth r, the petitioners are entitled to regular pay scaie with effect from the date of nitiai appointment or after compietion of probation period. The issue involved herein w s considered by the MadhyaPradesh State Administrative Tribunal, Jabaip r in O.A.No.2745/89 {Madhukant ‘Y’adu and 56 others v. State of MP. allowed the petitioners to make a re resentation within a period of ten days, mm mm (my) WWW rQ§ raising aii their grieVances and in tu to decide the representation in an o‘ from the date of receipt of the repre: Learned counsel for the peti' Govt; has iseued an order on 5‘“ e has been ordered that those who h: 1995 on a nxed pay, are entitled tc appointment upon successfui comp Accordingiy, the petitione representation raising aii their griei and order dated 05/01f2011, a directed to decide the representati own merits, within a period of thr representation, subject to verificat XLHC 78 W WW wW %ai1%mm A. 44* 'n the concerned respondent was directed ejective manner Within a period of 30 days sentation. Lioners further submits that now the State a'nuary, 2011 (Annexure P/3) wherein, it ave been appointed before 1982 and after regular pay scale from the date of initiai etion of 2 years period of probation. iiberty to make a {ances! in iight of the aforesaid judgment. in turn, the concerned respondent is n, if any, in accordance with law, on its e months from the date of receipt of the of the facts. etition is disposed of/t in View of the foregoing, this rs are granted Deepii ‘ s i7“ ,Man'mdra Mohan Shrivastava Sdl— Judge n i