Sheela Uike v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3148 of 2016 Sheela Uike D/o Shri Balkrishna Uike, Aged About 55 Years Presently Working As Head Master, At Govt. Girls Middle School, Champa Math, Block Bamhnidih, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of School Education Mantralaya Mahanadi Bhawan, Raipur Chhattisgarh

2. The District Education Officer, District Janjgir Champa Chhattisgarh

3. The Block Education Officer, Block Bamhanidih, District Janjgir Champa Chhattisgarh ---- Respondents Shri Dashrath Prajapati, counsel for the petitioner/s. Shri Gary Mukhopadhyaya, Dy.G.A. for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/07/2016 The petitioner was initially appointed as Deputy Teacher against the post of Assistant Teacher on a fixed pay of Rs.150/-. After completion of probation period, she was granted regular pay scale.

2.

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.

3.

The issue involved herein was considered by the Madhya Pradesh State Administrative Tribunal, Jabalpur in O.A.No.2745/89 (Madhukant Yadu and 56

Others v. State of M.P. & others), wherein it was held 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. 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 [WP (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 a representation raising all her 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.

6.

In view of the foregoing, this petition is disposed off. No order as to costs. Sd/- (Manindra Mohan Shrivastava) Judge Deepti