^ c^-" L IN THE HON'BLE HI6H COURT OF CHHATTISGARH AT BILASPUR IC.G.) W.P. (S) N0. ^GS^- /2011 PETITIONER ^^1-":-.. ';/'..r-""' ....-••" ^^>i ,,.....••-T'^^ 2^1 ^--••""" ~\^' RESPONDENTS : 1. ir!y^\^ i^^rs Mannulal Tiwari, aged about 57 years, S/o Late Shri Sahdeo Prasad Tiwari, Head Master, Sovernment Girls Primary School Bhatgaon, Block Bilha, Distt. Bilaspur (C.6.) VERSUS State of Chhattisgarh Through Secretary, School Education Department b.K.5. Bhawan, Raipur (C.G.) The birector Public Instructions Raipur (C.G.) District Education Officer, Bilaspur, District-Bilaspur (C.6.) Block Education Officer Bilha.District- Bilaspur (C.G.) Joint Director, Treasury, Account Pension, Bilaspur, (C.G.) ^' WRIT PETITION UNDER ARTECLE 226 OF THE CONSTITUION OF INDIA ^ CQURT QF CHHATTISGAKH AT BILASPUR ->t~ SB : HON'BL-S JSSTICS PRJTIHKBX NW&KE-R 1V.P4S1.MO. 7657/2011 Maiun.ilal Th»ari RESPOSDENTs \/{=-"<'%'!1t.; State of Chhattisgarh 8 Otaers Shri K.S.Pawar, coiinsel tor tlie petitioner. .r^ T^T ^TuT^-c! l?<'.-sr ?? 7. -fi-s'»~ t-'i-s^' Qfcs-?- [.tLt i\.i\{^M^. J^u'V, J~»JU> 1U1 iJJ.C; Ott^.UC. iJSs Grievaace of fhe petitioner io. fhe present petition is fhat fb.e petitioner wa.s appointed as Assistaat Teacher/Trainee on. a fixed pay scale of Rs. 100-150 and after coiupleTion of probation, he was granted regLUar pay scale ofRs. 169-300. Contention ot' tlie counsel for the petitioner is that he is entitled for regiilar pay scale with effect froin fhe ctate / of iaitial appouinuent and his case is squarely covered with nuiuber of decisions passed by fh.is Court aad. also the judgnient rendered by tn.e M.P. State Administrati.ve Tribrmal, Jabalpur in O.A. No. 2745/89 plladhufean.t Yadit &, S6 Others Vs. State afSt.P. & Others)where in it has been held ttiat siEEiitarly placed teachers are enti'Hed for regular pay scale froin ftie date of ttieir mitial appoiiimient. It is not disputed by bofh the parties tfaat fhe niatter was taken up by th.e State to fhe Apex Court but fh.e appeal wa.s also disinissed bv ttie Apex Court uph.olding the decisio.il of the Tri&unal to Tlie effect JL ^ ' »L tliat the Teachers/Assistant Teachei-s are entitied for regular pay scale from. the date of ftieir iaitial appoiatmeut. [n view of tlie above subiaission niade bv fhe counsel for the parties, the petition is disposed of in Gie same tei-ms i.s. flie petitioner is grantsd Uberty to m.ake a. representation, if so advised, iti fhe Ught of the aforesaid judgiaent and ftie circiLiar dated 5.1.2011 (Annexure P/2) and ia tirm, th.e concemed respondent is directed to consider fheir case on its own m.erits and iii its perspective. if fhe petitioner stands on the sarae footiug as per order passed by fhe State Administra.tive Tribunal in. Madhukant Yadu (supra) aad subsequently confirraed by t&e Supreiae Court in Special Leave Petition (Civil) N0. 6892/93 by order dated 03.01.95; tlie petitioner mav be entitled to saiue reuef accordinglv. It is expected froin fhe State authorities to pass suitable order after due scrutiny of tlie facts. It is uiade clear fhat fhis court has not expressed any opinion on. ftie laerits of the case and tlie aufh.ority concei'ned woiild be at liberty to decide the representatiou stricfly in accordan.ee wifh law. Sd/- Piitreker Judge