M-^ 5 INT3lE^a@N'BI®ME^<3G^ld'CgFCHHAt^ BILASPUR ^^, PETITIONER WmTPETtTJtON (St No. ^ /2011 ^ RESPWDi^tS: y^^-y- . -^^•^'f'A^-"" vs^y' Sharda Charan. Shukla S/6 Shri Ghinta Ram Shukla about 55 Years occupation Head Master, Girls Middile School Ranipur, Block Kartala Distt. Korba(C.G.) VERSUS l^ State OfChhattisgarh Through Secretary, Tribal Welfare Deportanent, D.K.S. Bhawan, Raipur, 2. Commissioner, Tribal Welfare Deportment, Raipur District Raipur ^(C.G.) 3. Assistant Commissioner, Tribal Welfare Deportment, Korba DistrictKorba (C.G.) Wmt UNDERARTICI^226 OF THE CONSTrTUTION OF INDIA 1. pEatTIieUI^WC^THEPETTnONERS: As per cause title. 2. PERTICULAR OFTHE RESPONDENTS: Asper cause title. air^i'-CTfeTOT wiraiT^n'sinra' '3-ST •<iw\v\^, gfl1y'|(o, fs<diy^'(. >.:.f..-.&J..<AJ>..'..°?.^ 200 sn^T ~^V ('j'lf^^tT) wiraTwt^an^r SB : Hon'ble Shri Manindra Mohah Shrivastava. J. 21-06-2011 finaliy. '^l*il<ri<l)l Mwv^ ^f fe%1 '^fsf^K ^i'siRinsn^r Shri Ashwani Shukla, couns^l forths petitioner. Shri N.Naha Roy, Panel Law^er for the State. With the consent of learned tounset for the parties, the matter is heard The petitioner was appoin|ted on a fixed pay of Rs.150/-. After successfully completing the prob^ regular pay scaie. Learned coynsel appearingi ition period of 2 years, he was granted for the petitioner submits that the issue involved in the case is as to whetHer, the petitioner is entitled to regular pay scaie with effect from the date of|initial appointment or aftercompletion of probation period. ; The issue invoived herein State Administrative Tribunal, Jaba) and 56 ottiers v. Staie of Af.Pj fwas considered by the Madhya Pradesh ijpur in O.A.No.2745re9>(Afocffiu*anf Yadu & others), wherein, it was held that the similarly situated teachers are entftied to regular pay scale with effect from the date of initial appointment. The matter was taken iup to the Hon'bte Supreme Court in special Leave PAtition (Civii) No.6892/93. The said petition was dismissed by the Hon'ble Supreme Court, upholding Ihe decision of the Tribunai to the effect that the Telachers/Assistant Teachers are entitled to regular pay scale from the date of i^iitial appointment. Learned counsei appearing Court, while considering the same| of Chhattisgaiti & Others FW.P.(S)| for the petitioner further submits that this issue in Amar Sai Ram & Others v. State No.4725/2006] by order dated 01/09/2006, •iTrR!.ifflS:n!!gCT i<i,«Tirwi!i'—ts/i..i;—2/2011—i.so,ooo. t- . -..^. -t. i liaiaB& s XI-HC—78 HWW <b*trai 3^T ^i^id^, ©Tily'.Ko,fs(<<iiyy,< IA? .P.(A,) V^O^^%?/IJ •^Ff 200 sn^r TT^T ('tpf3^(T) sn^rqn^iw ^V Sff^ sh*iict» .•3^8fe>h-"<w ^••^^B€^ Deepti TOirar ^iftg 3ii^?i -5- aliowed the petitionersto make a r^presentation within a period often days, •ft^s.S^&iii.tS&St%^L^SU •oafeiHS!aitiSi%ievances. ^i ^^•t-fft-.^t-i '-..*.;'i-^i.l.i^ <;M<<i<n<i1i MfH?ff ^f 'feT3t <P>f'(^l< ^; STfiiq •3)1^1 .gl-^gtigcbisounsel for the peti|ioner furthersubmits that now the State an order on 5 Jahuary, 2011 wherein, it has been ordered that those who have been appoint^d before 1982 and after 1995 on a fixed pay,, are^ttfit^Ao regular pay scai4 from the date of initial appointment upon successfui completion of 2 years pe Accordingly, the petitioner is raising ail his grievances, in iight dated 13.01.2009 & order dated respondent is directed to decide the law, on its own merits, within a pericjd ofthree months from the date of receipt of the representation, subject to ver In view oftheforegoing, this ilrication of the facts. j)etition is disposed of. •iodofprobation. granted liberty to make a repr^sentation of the aforesaid judgment and circuiars 5.1.2011, and in turn, the concerned representation, ifany, inaccordance with ^ws