siasy -1 - tWSlE BENCH ce^^' BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) W.P.(S) N0. -^ C<"5 O OF 2010 PETTIONERS /**' -1.' ''/\'u-' ^z^-'-v'" ' >w'^ <0^ '\1 sP'A' -•?' ^"" ^"'y .* te'3- $i.n^ RESPONDENTS ,,<L.^ Q^wf- 1. @at^Lal Naik, S/o Shri Abhay Ram Naik, Aged about 55 years, Lecturer, AT, P.0. Loharsingh, Village Konda Tarai, District - Raigarh (C.G.) 2. Narad Prasad Rathia, aged 54 years, S/o Shri Madhu Ram Rathia, Lecturer, Vill. Keshkal, T.W.D.- Lailunga Distt. Raigarh C.G. 3. Ravishankar Naik, aged 55 years S/o Shri Sadhu Ram, Head-Master, AT. P.0. Lohar Singh, Village Konda Tarai, Distt. Raigarh C.G. 4. Nirbhay Ram Gupta, aged 55 years, S/o Shri Hemcharan Gupta, Lecturer, AT-Linjeer, P.0. Loharsingh Distt. Raigarh VERSUS 1. State of Chhattisgarh Through - the Secretary, Urban Administration and Development D.K.S. Bhawan Raipur (C.G.) 2. Assistant Commissioner Tribal Welfare Depari:ment Raigarh (C.G) ......a ^-'"~""t -2- WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT MANDAMUS/DIRECTION OF OTHER APPROPRIATE WRIT. r3 .-yt..,..i-;'^,^"i).W^.t..,..!ti^,p. 9s-' 3i i '^S^.It^'-^^ ^ "^,^^^ gaffl ri. HIGH CQURT QF CHHATTISGARH AT BILA8PUR WRTT PETITION (S) No. 7590 of2010 PETITIONER : BharatLalNaik&Others. VERSUS RESPONDENTS : State ofChhattisgarh & Another. WMT PETmON UNDER ARTICLE 226 OF THE CONSTrTUTION OE INDIA • . • • ; : SB: Hon'ble Shri Satlsh K. Aemhotri. J. Preseiit: Shri Sonikant Verma, Advoeate fbr the petitionw. Shri Y.S.Thakur, Dy. A.G. forthe State/respoadeuts; ORDERfORAL> (Passed on 03rd day of January, 2011) 1. The petitioners were appointed as Assistant Teachers on a fixed pay of Rs. 10U/-. After completion oftheir respective prob^ion pwiod, they were granted regular pay scale. 2. Leamed counsel appearing for the petitioners suhnrits that the issue involved in the ease is asto whether, the petitioners are entitled to regular pay scale 'w.ef. the date initial q)pointment or after compietion ofprobation period. 3. The issue involved, herem was considered by flie Madhya Pradeah State Admuustrative Tribunal, Jabalpur in O.A. Na 2745/89 (Madhukant Yadu wid 56 others Vs. State ofMJ>. & others), wherein it was held that the smularly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointmait. The matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was disarissed by the Hon'bk Suprem® Court upholding the deeision of the Tribunal to the effect that the ^^•\ ^..^ 1 ^^~ %';^32Efc^^ ' ^SK^f ^.pl"&;-- Teaehere/Assistant Teachers are entitled to regulari«yseale ftom date ofinitial appointment. 4. Leamed couasel appearing for the petitioners also submits that this court, while considering the same issue 'wiAmarSaiRam & others Vs. State of Chhattisgarh & others [W.P. (S) No. 4725/2006] by order dated 01.09.2006, allowed the petitioners to make a re(»esentation along with copy ofthe petition and annexures wittoin a period often days, raising all their grievanees and in tum the coneemed respondent was directed to decide the representation in an objedive manner within a period of 30 days from the daete of reeeipt of the representation. 5. Accordingly, the petitioneis are granted liberty to make a representation raisag all tfaeir grievances and in tum, the concemed respondent is directed to decide the representatioa, if any, in accordance with law, on its own merits, withm a period of 8 weeks from the date ofreceipt ofthe rejB'esentation. 6. In view ofthe fbregoing, this petition is disposed o€. Ne order asto costs. Sd/- Satish K. Agiiihotri Judge