®w , , SMGLE BRHEH WW IN THE HON'BLE HIGH COURT OF CHHATTIsEARH AT BILAsPUR (6.6.) W.P. S NO. ' %§\N /2010 Truble Welfare Deparfmenf Raipur (C.G.) Assistan‘r Commissioner Trible Welfare Deparlmen‘r Rajnandgaon (C.G.) ’ 3. 4. Dislric’r Educa’rion Officer, Rajnandgaon, Disfricf-Rajnandgaon (C.G.) ’s““L A a 5. Block Educafion Officer Chhuria, Dis’rricf- Rajnandgaon (6.6.) _ 9 PETITIONER - Sukhdeo Ram Dewangan, aged «1° “g“ M abou’r 53 years, S/o Pusaumm ,::J_" “(kg/v, o Dewangan, Head Masfer‘, gomx‘ X? \ Governmem‘ Primary School, Laxmanmaradh, B‘Iock Churiya, Dis’rf. Rajncmdgaon (6.6.) Q“ W w’ a“ x9 VERSUS § RESPONDENTS : 1. STaTe of Chhah‘isgar‘h Through Secre’rar‘y, Tr-ible Welfare Depar‘rmen‘r D K S Bhawan Ralpur‘ (C G) 2. The Commussmner' WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA 99 I HIGH COURT OF CHHATTISGARH : B!LASPUR singie Bench: Hon’ble Shri Manindra Mohan 3hrivastava, J. WRIT PETIT‘GN IS) NO.35W2010 PETITIONER Sukhu'eo Ram Dewangan Versus RESPONDENTS State of Chhattisgarh and others WT PETITION UEDER ARTICLE m OF THE CONSITUTION OF mm Present: - Shri K.S. Pawar. counsei for the petitionet. Ms. Sangeeta Mishra, Panel Lawyer for the State. ORAL ORDER ' (Passed on 16‘“ Jusy, 2010) With the consent of the parties, the matter is taken up for hearing fmaliy. 1. The petitioner was appointed as Assistant Teacher on a fixed pay of Rs.100i- and thereafter Rs.1 501-. After completion of his probation period, he ‘was granted reguiar pay scale of Rs.169I-. 2. Learned counsel appearing for the petitioner submits that the issue involved in the case is as to whether, the petitioner is entitled to reguiar pay scale with effect from the date of initiai appointment or after compietion of probation period. 3. The issue invoived herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in OA.No.2745i89 (Madhukant Yadu and 56 others v. State of MP. & others), wherein it was heid that the similariy situated teachers are rentitted to regular pay scale with effect from the date of initiai appointment. The matter was taken up to the Hon'bte Supreme Court in Special i) No.6892f93. The said petition was dismisseti by ihe the decision 0f the Tlibuna‘ to the effect that Assistant Teachers are emitted to ieguiar pay scale fiom the date Leave Petition (Civi Hon‘ble Supreme Couit uphoiding the Teacheisl of initiai appointment. sel appearing for the petitioners‘further submits that this ue in Amer Sai Ram & Others v. State of 4. Learned coun Court, whiie considering ihe same iss No.4725i2036) by order dated 01i09i2006, Chhattisgarh & Others (W.P.(S) of ien days, aiiowed the petitioners to make a representation within. a period ' raising all their grievances. 5. Accordingiy, the petitioner is granted liberty to make representation raising in the light of the aforesaid judgment and the circuiar dated all his grievances is ditected to d in turn, the concerned respondent decide the representation, if any, in accordanee with taw, on its own merits, within a period of 8 w to verification of the facts. disposed off. No order as to costs. 6. in view of the foregoing, this petition is 2W12I2m8 (Annexure PI2) an eeks from the date of teceipt of the representation, subject 1#> 7 xv ’\ _..(\_’ i# 4 Sd/ \ Manindra Mohan Shrivastava ‘ Judge H