IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SLJTo.53%/2011 PETITIONER Gend Lal Khande S/o Shri Shivdas Khande aged about 49 Years occupation Head Master Govt. Primary School Pandripali, Block- Pali Distt. Korba (C.G.) VERSUS RESPONDENTS: ,^ ^v^ ^^2^ ^^•-^'"' .: \^ ^0": ^'. CA ^r^'. ^ ^••' ><<••' 1.' State of'Chhattisgarh Through Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur, (C.G.) 2. Commissioner, Tribal Welfare Department, Raipur District Raipur (C.G.) 3'. Assistant Commissioner, Tribal Welfare Department, Korba Distt. Korba (C.G.) 4. Joint Director Treasuiy,accounts, pension, Bilaspur District- Bilaspur (C.G.) WRIT UNDER ARTIGLE 226 OF THE CONSTITUTION OF INDIA ._ TlVnTU svS^s ^i K.-ttv W 3IK^Sb>< T -S^ •^TOcFT, 'g^ITO, rs|dl-Ltli< _._ ^.P^iw^n'r/z^^ •WTN?"""""-""-"""""""""7" 3ii^?riT5R; (•^rfy^T) T— TRITW flfta 3D^!I SB : Hon'ble Shri Manindra Mohah Shrivadava. J. »-09-a>ii Shri Ajay Kumar Barik, couns]et Shri Bhaskar Payashi, Panef advance copy. Heard. Grievance of the petitionei) petittoner was appointed as Assisf Rs. 100-150/- fbr a period oftwo yeajre was granted r^ular pay scale of Rs| Contention of the counsel N r^ular pay scale with effect from case is squarely covered with nurrlber and also the judgment rendered Jabalpur in O.A.No.2745ffl9 (MadhMkant M.P. & Others) wherein it has tcer) entitted for r^ular pay soale from tt^e It is not disputed by both the Court upholding the decision of 'wiferah -qT"?ff ^ fTs'fs T?SregR ^flfitian^l for the petittoner. Lawyer for the State/respondents on in the present petitbn is that the ant Teacher on a fixed pay scale of and after completion of probation, he .169-300/-. the petitioner is that he is entitled for the date of iratial appointment and his of decisions passed by this Court M.P. State Administrative Tribunal, Yadu & 56 Others vs. State of held that simjlarly placed teachers are |e date oftheir initial appointment. Iparties that the matter was taken up by the State to the Apex Court but the ^ppeal was also dismissed by the Apex the Tribunal to the effect that the Teachere/Assistant Teachere are ^ntitled fbr r^ular pay soale from the date oftheir initial appointment. In view ofthe above submissfon the petition is disposed of h the sdmf same made by the counsel for the parties, terms i.e. the petitioner is granted .1 t--^.—^..^.....__. XI-HC—78 3D^I ^I Vi-U^ wn sn^i *'<!<*> \ Tmaane t ~3^ ^iFn^pT, '®€taTis,fsidK-iy,< sn^?T Tra^ ('^3»'T^(i) ^-. TOnWTrfsa sn^!i —z— liberty to make a representation, if judgment and the circutar dated ^ respondent is directed to consider! perspective. If the petitioner stan( passed by the State Administrativ^ and subsequently conflrmal by Petition (Civil) No.6892/1993 by orefer be entitled to same retief accordingl^. It is expected from the Stat^ due scrutiny ofthe facts. merits ofthe oase and the authorityl the representatton strctty in accord^ince with law. WSlt?l'q!--f 'WTcff 4' fe%t Tf5T?tR ^•affin 3)1^1 ^o advised, in the light of the aforesaid 37-12-2008 and in tum, the concerned his case on its own merits and in its (ts on the same footing as per order Tribunal in Madhukant Yadu (supra) fie Supreme Court in Special Leave dated 03-01-1995, the f»tftbnermay authorities to pass suitable order, after t is made clear that this Cijiurt has not expressed any opinion on concemed would be at tiberty to decide Sd/- Maaindra Mohan Shrivastava Judge