Ramawtar Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1680 of 2020 • Ramawtar Mishra S/o Shree Ramjiwayan Mishra Aged About 66 Years Lecturer (Retired) R/o Village Khairi, Post And Tehsil Patna, District Korea, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Joint Director Treasury, Account And Pension, Surguja, Division, Ambikapur, District Surguja, Chhattisgarh

3. District Education Officer Koria, Baikunthpur, District Korea, Chhattisgarh ---- Respondents For Petitioner :

Shri Mahendra Dubey, Advocate For Respondents/State :

Ms. Akanksha Jain, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 12/03/20

1. Heard.

2. The petitioner was initially appointed on the post of Trainee Teacher and was sent for taking BTI Training. After completion of one year Training, the petitioner was posted as Assistant Teacher on a fixed pay of Rs.150/-. After passing the BTI Second Year examination, he was granted regular pay scale.

3. Learned counsel appearing for the petitioner submitted that the issue involved in the case is as to whether the petitioner is entitled to regular pay scale with effect from the date of initial appointment or after completion of probation period.

4. The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in OA No.2745/89 (Madhukant Yaduand 56 others Vs. State of M.P. and others), wherein, it washeld that the similarly situated teachers are entitled to regular pay scale with effect from the date of initial appointment. The matter was taken up to the Hon'ble Supreme Court. The said petition was dismissed by the Hon'ble Supreme Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled to regular pay scale from the date of initial appointment.

5. Learned counsel appearing for the petitioner also submits that this Court, while considering the same issue in Amar Sai Ram and others Vs. State of Chhattisgarh and others (WPS No.4725 of 2006), by order dated 1.9.2006, allowed the petitioner therein to make a representation along with copy of the petition and annexures within a period of ten days, raising all their grievances and in turn, the concerned respondent was directed to decide the representation in an objective manner within a period of 30 days from the date of receipt of the representation.

6. Accordingly, the petitioner is granted liberty to make a representation raising all his grievances and in turn, the concerned respondent is directed to decide the representation, if any, in accordance with law, on its own merits, within a period of eight weeks from the date of receipt of representation, subject to verification of the facts.

7. In view of the foregoing, the petition is disposed of. No order as to costs. Sd/- Goutam Bhaduri Judge Ashu