(T A^ IN THE HIGJLCOURT OF CHHATTISGARH AT BILASPUR W. P. (S) NoJ ^'9(5 OF 2011. PETITIONERS ^N'^y".-- ?>%--". -:v~ /cS^ ^Q^ \-^V'>-- ^.-^"' ''^''y ^* •*' •'<*' ^ : 1. Sita Ram Yadav, S/o. Shri Ram LalYadav, aged about 52 years, Upper Division Teacher, Govt. Girls Middle School Kharora, Block Tilda, District Raipui'r (C. G.) 2. Makhan Lal Dhurandhar, S/o. late Shri Hirday Ram Dhurandhar, aged about 54 years, Upper Division Teacher, Govt. Middle School Korasi, Block Arang, District Raipur (C. G.) ^ 3. Sukalu Ram Yadav, S/o. Shri Phul Singh Yadav, aged about 54 years, Upper Division Teacher, Govt. Middle School Ghilwara, Block Tilda, District Raipur (C. G.) 4. Beni Ram Tandan, S/o. Shri B.D. Tandan, aged about 55 years, Upper Division Teacher, Govt. Girls Primary School Kharora, Block Tilda, District Raipur (C. G.) mGH COURT OF CHHATTISGARH AT BILASPUR &B: Hon'ble Shri Prashant Kumar Mishra Writ Petition (S) No. 1990/2011 PETITIONERS : Sita RamYadav and othere Versus RESPONDENTS : State of Chhattisgarh and odiers Appearancei Shri Somkant Venna, counsel for the petitioners. Shri Sushil Dubey, Govemment Advocate for the State/respondents. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTmJTION OF INDIA ORAL ORDER (15.04.2011) The petitioners were initially appointed as Deputy Teacher on a fixed pay ofRs.100/-. After completion ofprobation period, they were granted regular pay scale. (2) Leamed counsel appearing for the petitioners submits that Ifae issue involved in the case is as to whether, Ifae petitioners are entitled to regular pay scale w.e.f. the date of initial appointment or after completion ofprobation period. (3) The issue involved, herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (McKfftiikant Yadu and56 others Vs. State ofM.P. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scale w.e.f. the date of initial appointment. The matter was taken up to Hon'ble Supreme Court in Special Leave Petition (Civil) No. 6892/93. The said petition was dismissed by the Hon'ble Supreme s >> ^' ^^-^ "^ 'V Court upholding the decisioa of the Tribuaal to the eflfect that the Teachers/Assistant Teachers are entitled to regular pay scale from date ofinitial appointment. (4) Leamed counsel appearing for the petitioners aiso submits that this court, while considering the same issue in Amar Sai Ram & others Vs. State of Chhattisgarh & others [W.P. (S) No. 4725/2006] by order dated 01.09.2006, allowed the petitioners to make a representation along with copy ofthe petitton and annexures within a period of ten days, raising all their grievances and in tum Ifae concemed respondent was directed to decide the representation in an objective manner within a period 30 days from the date of receipt of the representation. (5) Accordingly, the peritioners are granted lilwrty to make a representation raising all their grievances and in tum. the concemed respondent is directed to decide the representation, if any, in accordance with law, on its own merits, within a period of 8 weeks from the date ofreceipt ofthe representation. (6) In view ofthe foregoing, this petition is disposed of. No order as to costs. Sd/- f'rasnaIltk"marMish Judge ra 13^ [