Chamar Das Mahant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(S) No.556 of 2016

1. Chamar Das Mahant, S/o Shri A.R. Mahant, aged about 60 years, Head Master, Government Higher Secondary School Mura, Post & Thana Kharsiya, District Raigarh (CG).

2. Lal Sai Chouhan, S/o Shri M.R. Chouhan, aged about 59 years, Head Master, Government Middle School Chotepand, Post & Thana Kharsiya, District Raigarh (CG) ---- Petitioners

Versus

1. State of Chhattisgarh Through : The Secretary, School Education Department Mahanadi Bhawan, New Raipur.

2. District Education Officer, Raigarh, District Raigarh. ---- Respondents For Petitioner :

Mr. Somkant Verma, Advocate.

For Respondents/State :

Mr. Om Prakash Sahu, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 26/02/2016 (1) The petitioners were initially appointed as Lower Division Teacher on a fixed pay of 150/-. After completion of probation, ₹ they were granted regular pay scale.

(2) Learned counsel appearing for the petitioners submits that the issue involved in the case is as to whether, the petitioners are entitled to regular pay scale w.e.f. the date of initial appointment

or after completion on probation period.

(3) The issue involved, herein was considered by the Madhya Pradesh Sate 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 teacher is 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 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.

(4) Learned counsel appearing for the petitioner also 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 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. (5) Accordingly, the petitioners are granted liberty to make representation raising all their 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 the representation of the

petitioners.

(6) In view of the foregoing, this petition is disposed of. No order as to costs.

Sd/- (Sanjay K. Agrawal) Judge L/-