Shishir Kumar Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(S) No.718 of 2016 Shishir Kumar Tiwari, S/o late Ganesh Prasad Tiwari, aged about 63 years, R/o House No.45, Khamtarai, Dream City Bilaspur, Police Station Sarkanda, Tahsil Bilaspur, District Revenue & Civil, Bilaspur. ---- Petitioner

Versus

1. State of Chhattisgarh, through Secretary, Department of School Education, Mahanadi Bhawan, New Raipur, Tahsil & District Revenue and Civil, Raipur (CG).

2. Director, Public Education Raipur, Tahsil & District Revenue and Civil, Raipur (CG).

3. District Education Officer, Bilaspur, District Revenue & Civil, Bilaspur (CG).

4. Block Education Officer, Block Office Bilha, District Revenue & Civil, Bilaspur (CG).

5. Joint Director, Treasury Account & Pension Division Office, Bilaspur (CG).

---- Respondents For Petitioner :

Mr. Anand Kesharwani, Advocate.

For Respondents/State :

Mr. Dhiraj Wankhede, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/03/2016 (1) The petitioner was initially appointed as Assistant Teacher on a fixed pay of 150/-. 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 of the petitioner.

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

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