O^....^, Y^ ..^•fo-C.^* '.>^y<'r;'^ ^.^^K"\/. ^s^>! ^'^•'•••••""" S1NQLE BENCH IN ¥HEHIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION ( S ) No. S^ol/] Of 2011 BETWEEN -Ramadhar Lahari S/o Late Shri Katik Ram, aged about 57 years, occupation- service, Head Master, Govemment Middle School Budbud, Block Pali, Post PaU, District Korba R/o Village and Post Sargaon, Via Belha, Tahsil Pathariya, District Bilaspur (CG) PETITIQNER: AND 1. The State of Chhattisgarh, through the Secretary, Tribal Welfare Department, Mantralay at D.K.S. Bhawan, Raipur (CG). 2. The Assistant Commissioner, Tribal Welfare Departnient, Korba, District Korba (CG). S.The Block Education Officer, Katghora, District Korba (CG). RESPONDENTS: WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH CQURT OP CHHATTISOy^ AT BILASPUR SB : HON*BLB MR. JU8TICB PRITINKBR DXWAKBR PBTITIONBR RJBSPOSDBNTs W.P.fSI.NO. 3804/2011 Ramadhar Lahari yersus Statc of Chhattisgarh & aaother Shri Suiyakaat Mishra^ couxisel for the petitioner, Shri Yashwant Singh Thalmr, Dy. A.O. for fhe State. WRIT PBTITION UNDBR ARTICLB 226 OF TSE& COiIBTITUTION OF 1NDL&. ORDBR (18.07.2011) Grievance of the petitioner is fhat iEiitiafly he waa appomfced as Assistant Teacher on a faxed pay scale ofRs. 100-150 for a period of two years aad afier completion of probation, he was gmnted rogular payscaleofRs. 169-300. Contention of fhe counsel for tiie petitioneris that he is entified for rcgular pay scale with efltect finom fhe date of mitial appoiatment aiid his case is squarely covered witfa nu32iber of decisioais passed by this Court and also ffaie judgment rendered by fh.e M.P, State Admiaistrative Tribuixal, Jabalpur m O.A. No< 274S/89 (Madliitkajat Yadu & S6 Others Vs<. State of MJP. & Oth^ra) whereiii it Ixas beeii held that siimlarly placed teachers arc entitled for regular pay scale finoxn the date oftheir initial appoiatinent. It is not disputed by both the parties fhat fhe matter waa taken up by fhe State to the Apex Court but the appeal waa ateo disxmssed by fhe Apex Court upholding tlie decision offhe Tribiiiial to the effect that the TeacIiers/Assistaat Teachera are entitled for regular pay scale froin ffae date offheir ioitial appoiatment, 1 '^ss^^ i •^^// s "'^y^ ^..^.^' ''^•^r^!S^" In view of the above submission snade by the couxisel for the partieSy the petition is disposed of ia tibie sanie tenxis i.e. fhe petitioner is graated Uberty to inake a repi^esentatioxij, if so advised, to consider his case on its own merit aad in its perapective. If ffae petitioner stands on the same footing as per order passed by the State Administeate Tribunal ia Madhukajit Yadu (siipi'a) axtd subsequently confirmed by the Supreme Coiirt in Special Lea1re Petition (CivU) No. 6892/93 by order dated 3.1.199S, the petitioner may be entitled to same reUef accordiagly, It is expect^t fix>m the state authorities to pass auitable order ater due scrutiny ofthe facts, Sd/- Pritinker Diwaker Judge