Disposed

Smt. Naaz Asife Shekh v. State of Chhattisgarh and Ors.

Chhattisgarh HC3 Feb 2012WPS/412/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning a teacher seeking regular pay scale from her initial appointment date. The Court directed the petitioner to make a fresh representation before the concerned authority for a decision within eight weeks.

What did the court decide?

Directed the petitioner to file a fresh representation and the authority to decide on merits within eight weeks.

Smt. Naaz Asife Shekh Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2012)

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IN THE HON'BLE HIGH COURT OF CHHATTISGARH

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AT BILASPUR

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(W.P. (S) No.......l.i.!.'^...../12)

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Smt. Naaz Asife Shekh W/o. Mohammad Asife; Aged about -5^-years, Upper Division Teacher, R/o-Vivakanand Ashram Ke Peche Idgahbhata, Raipur, Distt - Raipur (C.G.)

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PETITIONER

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^.^^ ^"$?^" VERSUS RESPONDENDS 1 .r^~State

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1 .r^~State of Chhattisgarh, Through : Secretary Department of School Education,D.K.S. Bhavan, Raipur (C.G.)

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The Commissioner, Municipal Corporation Raipur, Raipur(C.G.) 3. The Education officer, Municipal Corporation Raipur ^ (C-G-) 4. The Principal, Naveen Sharaswati Municipal Corporation, Girls hl.S.School, Raipur(C.G.)

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WRIT PETITION UNDER ARTICLE 226 OF

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CONSTU'UTIONOFJNDIA

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The petitioner named above respectfully begs to submit as

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under:-

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1 PERTICULARS OF THE PETITIONER : ^ As mentioned in the cause title

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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S.B: Hon'ble Shri Prashant Kumar Mishra. J.

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Writ Petition (SLNo. 412/2012

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PETITIONER Smt. Naaz Asife Shekh

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Versus

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RESPONDENTS State of Chhattisgarh and others

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ApRearance:

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Shri V.K. Pandey, counsel for the petitioner. Shri Satish Gupta, G.A. for the State/respondents.

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WRiT PETITION UNDERARTSCLE 228 OF THE CONSTITUTION OF !ND!A

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ORALORDER (3.02.2012)

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Grievance of the petitioner is that she was appointed as teacher on 27/08/1987 on a fixed pay of Rs.740/- and by order dated 15/0.9/1993 she'has been granted regular pay scale, but she has not been granted regular pay scale from the date of initial appointment.

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(2) 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 Vs. State ofM.P. & others), wherein it was held that the similarly situated teachers are entitled to regular pay scaie 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 entitied to regutar pay scale from date of initial appointment.

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(3) Learned counsel appearing for the petitioner also submits that this court, while considering th®same issue in Amar Sai Ram & others Vs. Stefe of Chhattisgarh & others |W.P. (S) No. 4725/20061 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 30 days from the date of receipt ofthe representation.

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p(4) Shri Satish Gupta, learned Government Advocate appearing for the Stal'e/respondents, authorities of the MuniciDal Corooration. Raipur

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does not dispute that by Anriexure P-6 several teachers worta'ng in the school under the control of Municipal Corporation 'have been granted simiiar benefit of grant of regular pay scale from the date of initial appointment. He submits that if the petitioner moves a fresh representation within a period of 15 days from today, the same shali be considered and after verification offacts, the same shall be decided within a further period of 8 weeks.

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(5) Accordingly, the petitioner is directed to make a fresh representation raising all her grievances before the concerned authority of the Municipal Corporation, Raipur and in turn, the said authority shall decide the representation, of-course subject to verification of facts, in accordance with law, on its own merits, within a period of 8 weeks from the'date of receipt ofthe representation.

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(6) In view ofthe foregoing, this writ petition is disposed of.

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Smt. Naaz Asife Shekh v. State of Chhattisgarh and Ors.

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Smt. Naaz Asife Shekh v. State of Chhattisgarh and Ors.

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