IN THE HON'BLE HI&H COURT OF CHHATTIS6ARH ATBILASPUR ^2-3 /2Q11 W.P. rs) NO. 6i ^3 PETITIONER /. ^^t:S- ^y^ ^'..^ r^.- ' ^°" RESPPNbENTS Sarnme Singh Sidar, S/o Shri ^ Aghar Singh Siddr, aged about 57 years, Lecturer. Govt. H.S. School, Sakreti (B), Btock- Sakti, Distt.-Janjgir-Champa (C.G.). VERSUS : 1. State of Chhattisgarh, Through - The Secretary, School Educatjon Department, D.K.S. Bhawan, Raipur, Distt. - /Raipur (C.6.) 2. District Education Officer, bistt.-Janjgir-ChampaC.G.) ^rsi i r-i ^^^. 3. ^ Block Education Officer, Sakti Block-Sakti, bistt.-jQnjgir- Champa (C.&.) WRIT PETITION UNDER ARTICLE 226 QF THE CONSTETUTION OF INblA HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON'BLB MR. JUSTICS PRITINKBR D2WAKBR PETITIONER RESPONDENTS W.P.ISl.NO. 6623/2011 Saniiae Sio.gh Sidar versus State ol'C.G. & Others Shri Anil Sin.gh Rajput, counsel for the petitioner. Shri N.Naha Roy, P.L. for the State. WmT PBTITION UKDER ARTICLB 226 OP THB CONSTITUTION OF INDIA ORDBR (14.11.2011) Grievaace of fhe petitioner ia fhe present petition is tbat the petitioner was appointed in the year 1974 as Assistaat Teacher on a fixed pay scale of Rs. 100-150 for a period of tw^o years, After completion ofprobation, hewas graated regularpay scale ofRs. 169- 300. Contention of the counsel for tiie petitioner is that he is entifled for regiilar pay scale wifh eflfect from fhe date of mitial appomtment and his case is squarely covered wifh. nuinber of decisions passed by tibis Court aad also the judgmLent rendered by fhe M.P. State Administrative Tribiinal, Jabalpur in O^A. N^. 274S/89 (SScsdhukant Fadu & 56 Qthers Vs^ State ofM.P. & Others) where ia it has been held tiiat smxilarly placed teachers are entitted for regular pay scale from fhe date offheir mitial appomtment It is not disputed by bofh the parties that the inatter was taken up by fhe State to the Apex Court but the appeal was also dismissed by fhe Apex Court upholdmg fhe decision offhe Tribunal to the effect tliat fhe Teachers/Assistajit Teachers are entitled for regular pay scale froni the date of fheir iaitial appouitiaent. In view of tlie above subniission inade by the counsel for fhe parties, tibe petition is disposed of ia the sassie terms i.e. tlie .^. wy i> petitioner is granted Uberty to make a representation, tf so advised, in fhe Ught of fhe atbresaid judgment aad the circular dated 5.1.2011 (Aunexm'e P/4 ) and ia tura, the conceraed respondent is directed to cousider his case on its own merits and ia its perspective. If the petitloner staods on fhe saoie footing as per order passed by tlie State Admmista'ative Tribunal ia Madhukao-t Yadu (supra) aad subsequently confirmed by flie Siipreme Coiirt io. Special Leave Petition (Civil) N0. 6892/93 by order dated 03.01.95, the petitioner may be entitied to same reUef accordiagly. It is expected from the State aufhorities to pass suitable order after due scrutmy offhe facts. It is niade clear fhat tliis court has not expressed aay opinion on fhe inerits of fb.e case and the aufhonty concemed would be at liberty to decide the representation strictly in accordaace wifh. law. Sd/- Pritinker Diwaker Judge