@ mag mm IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. (S) No. éégb /éo11 / PETITIONER: Lalan Prasad Dewangan S/o Late Shri Bulluram Dewangan, aged about 55 years, presently working as Assistant Teacher at Govt. Primary School, Rachha (Nawagarh) Block— Nawagarh Distt. Janjgir-Champa (C.G.) ' RESPONDENTS: 1/ State of Chhattisgarh Through: — Secretary, Department of Education Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) 2. The District Education Officer, g District Janjgir-Champa (C.G.) 3. /The Biock Education Officer Block— Nawagarh Distt. Janjgir— / Champa (C.G.) 4. Joint Director, Treasury, accounts, pension, Bilaspur District‘Bilaspur (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA M HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER W.P.1S).NO. 66301201 1 PETITIONER Lalan Prasad Dewaugan VCI‘SUS RESPONDENTS State of C.G. 8a Othcrs Shri Am'l Momya, counsel for the petitioner. Shn' N? Naha Roy, P.L. for the State. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (14.11.2011) Grievance of the peu'tioner in ths prcsent petiu’on is that the petiu'oner was appointed in the year 1974 as Assistant Teacher on a fixed pay scale of Rs. 100 for a period of one year and thereafter in the year 1975 on a fixed pay scale of Rs. 150 for a period of one year. After completion of probation, in the year 1976, he was granted regular pay scale of Rs. 169-300. Contention of the counsel for the petitioner is that he is entitled for regular pay scale with effect nom the date of initial appointment and his case is squarely coveled with number of decisions passed by this Court and also the judgment rendered by the M.P. State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu 6a 56 Others Vs. State ofM.P. & Others) Where in it has been held that similarly placed teachers are entitled for regular pay scale from the date of their initial appointment. It is not disputed by both the parties that the matter was taken up by the State to the Apex Court but the appeal was also dismissed by the Apex Court upholding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled for regular pay scale h‘om the date of their initial appointment. M @ In vicw of the above submission made by the counsel for the paITies, tho petition is disposed of in the same terms i.e. the petih‘oner is granted liberty to make a representation, if so advised, in the light of the aforesaid judgment and the circular dated 5.1.2011 (Annexure P/ 2 ) and in tum, the concerned respondent is directed to consider his case on its own merits and in its perspective. If the petitioner stands on the same footing as per order passed by the State Administrative Tribunal in Madhukant Yadu (supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) NO. 6892/93 by order dated 03.01.95, the petitioner may be entitled to same relief accordingly. It is expected £rom the State authorities to pass suitable order after due scrutiny of the facts. It is made clear that this court has not expressed any opinion on the merits of the case and the authority concerned would be at liberty to decide the representation. strictly in accordance with law. i Sd/- g Pritinker Diwaker Ln, Judge