Irfan Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4042 of 2015 Irfan Khan S/o Shri Shahjad Khan, Aged About 51 Years Upper Division Teacher, Govt. Middle School, Kondagaon, Post & Thana Kondagaon District Kondagaon (Chhattisgarh) ---- Petitioner

Versus

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

2. District Education Officer, Kondagaon, Distt. Kondagaon (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Manoj Chouhan, Advocate.

For Respondents/State:

Mr. Dilman Rati Minj, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 05/11/2015 (1) The petitioner was initially appointed as Teacher on a fixed pay of 500/-. After completion of probation, he was granted regular pay ₹ scale.

(2) Learned counsel appearing for the petitioner submits that the issue involved in the case is as to whether, the petitioner is 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 petitioner is granted liberty to make 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 the representation. (6) In view of the foregoing, this petition is disposed of . No order as to costs.

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