@ ss »£i£r C^}^^ ^ •^ IN THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR W.P,(S)NO. ^^51 /2009 PETITIONER RESPONDENTS ."V ^^ ^.K^"^ -y ^•' .<y^ ^y' 'y &. Egnasius Kujur, S/o Shri Thomas Kujur, aged about 48 years, working as Assistant Teacher, Janpad Primary School, Bankombo, Block- -/t^ Ku(kuri, Disft. Jashpur (C.G.) VERSUS : 1. -^State of Chhattisgarh Through :- The Secretary, School Education Department, D.K.S. Bhawan, Raipur(C.G.) 2. District Education officer, Jashpur, Distt.- Jashpur (C.G.) 3. r Block Education Officer, Kunkuri, Distt.- Jashpur . (C-G-) \ •4. Treasury, Account 85 Pension Jashpur, Distt.-Jashpur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) N0. 7331 OF 2009 PETITIONER Egnasius Kujur Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Artide 226 of the Constitution <rf India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Somkant Verma, counsel for the petitioner. Shri N.N. Roy, Panel Lawyerfor the State. 1. 4. ORDERrORAU (Passed on this 16ut day of December, 2009) With the consent of tearned counsel appearing for the parfies, the petition is heard finally. 2. The petitioner was initially appointed as Deputy Teacher on a flxed pay of Rs.300/- in the year 1987. After com(rfetion of the probation period, the petitioner was granted reguiar pay seale Rs.545-925 in the year 1989. 3. Learned counsel appearing for the petitioner submite that the issue involved in the case is asto whether, the petitioner is entitied to regular pay scale w.e.f. the date of initial appointment ©rafter completion of probation period. 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 held that the similarly situated teachers are entitled to regular pay scaie w.e.f. the date of initial appointment. The matter was taken up to the Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Supreme Court upholding the decision of the Tribunal to the effect ttiat the Teachers/ 6. 7. c^" Assistant Teachers are entitled to regular pay scate from date of initial appointment. Learned counsel appearing for the petitioner also submits that ttiis court, while considering the same issue in Amar Sai Ram & oQmrs v. State of ChhaWsgarh & others pA/.P. (S) No.4725/2006] by order dated 01.09.2006, allowed the petJtioner to make a representation within a period often days, raising all their grievances. Accordingly, the petitioner is granted liberty to make a repr^entation raising all the grievances in light of the afore®tatedjudgment and the circular dated 13.01.2009 (Annexure P/2) and in turn, the eoncemed respondent is directed to decide the representa^on, if any, in accordance with law and on its own merite, wsthin a period of 8 weeks from the date of receipt of the representation, subject to verificatjon of the facts. In view of the foregoing, this petition is disposed of. No order asto coste. Gowri Sd/- SatishK.Agnihotri Judge