-' .|Qd IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (S) No. ^"'f'^7- OF2011 (S.B.1. PETITIONER •'" Krishna Kumar Verma, S/o. Shri Man Singh Verma, aged about 53 years, Head Master, New Primary School Champajhar, Block Abhanpur, District Raipur (C. G.) VERSU S RESPONDENTS /-: 1. State of Chhattisgarh, Through : The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C. G.) ^-2. District Education Officer, Raipur, Distt. Raipur (C. G.) 3. Block Education Officer, Abhnapur, Distt. Raipur (C. G.) 4. Treasury Officer, rf"' Treasury Account and Pension, Raipur, District Raipur (C.G.) &A/1 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA The petitioner begs to submit as under:- 'il> ^KF ^\\ HIGH COURTOP CHHATTIS<iARH AT BIUIfiPUR SB : HON'BLB MR. JUSTICB PRITIMKER DIWAKBR PETITIONER RESPONDBNTS W.P.ISl.NO. 5772/2011 Krishna Kumar Verma yersus State ofC.G. Ss Others Sbri Soinkant Venna, counsel &r the petitioner. Shri Yashwant Singh Thakur, Dy. A.G. for the State. VfSn PETITIOH UNDBR ARTICLE 226 OF THB COMSTITUTION OFINDIA ORDER (27.09.2011) The petitioner was initiatly appoiated as Assistant Teaeher on fixed pay ofRs. 1200 aad after coiapletion ofprobation, the petitioner was graated regular pay scale ofRs. 4000-6000. Contention ofthe counsel fcr the petitbner is that he is entifled for regular pay scale vrifh eflFect fix>m. the date of mitial appouitment and his case is squarely covered wlth niixaber of decisions passed by fhis Court and also fhe judgment rendered by the M.P. State Administrative Tribunal, Jabalpur ia OJL No. 274S/89 pHadhufca»it ycdu & 56 Otfters y& Statc oflS.P. Sa Others^whcrc m it has been held that similarly placed teachers are entiflcd for regular pay scale fi-om fhe date offheu- mitial appoiatment. It is not disputed by both the parties that fhe matter was taken up by the State to fhe Apex Court but the appeal was also disnussed by the Apex Court upholdiag the decision offhe Tribunal to the effect that the TeacUers/Assistaat Teachers are entifled for regujar pay scale fiuiathe date oftheir initial appoiatment In view of the above submission niade by the cx>itnsel for flie parties, the petition is disposed of in fhe same terms i.e. fhe petitioner is granted liberty to make a representation, if so advised, ia fhe light of fhe aforesaid judgment aad the cucular dated 5.1.2011 (Annexure P/6) aiid in tura, the coacemed respondent is directed to 'g s: consider fheir case on its own laerits and in its perspectiye. If the petitioner stauds on fhe saxae footing as per order passed by the State AdnunistTative Tribunal in Madhukaut Yadu (supra) and subsequentty confirmcd by fhe Supreme Cozu-t ia Special Leavc Petition (Civil) N0. 6892/93 by order dated 03.01.95, the petitioner may be enttUed to saoie reliefaccordmgly. It is expected froia the State authorities to pass suitabte order after due scrutiny ofthe fa.cts. It is inade clear fhat fhls coiu-t has not expressed any opinion on the m.erits of the case aad fhe aufhority concemed wouM be at liberty to decide fhc representation strictly ia accoidaace witb law. Sd/- Pritinker Diwakar Judge