J-. IN THE HON'BLE HI6H COURT OF CHHATTISGARH AT BILASPUR (C.6.} W.P. (S) N0. r7^o /2011 PETTTIONER : '} ^ y^e^ ^•:"^^^ y:<^~ '^ RESPONbENTS : 1. (!—f-^\ 'y'^^i ;usr^/ Nahar Singh Verma, aged about 59 years, S/o Late Shri Ramprasad Verma, Head Master, Government Middle School Dagori, BJock Bilha, bistt. Bilaspur (C.G.) VERSUS State of Chhattisgarh Through Secretary, School Education Department b.K.S. Bhawan, Raipur (C.G.) The Director Public Instructions Raipur (C.G.) District Education Officer, Bifaspur, District-Bilaspur (C.G.) Block Education Officer Bilha, bistrict- Bilaspur (C.6.) Joint birector, Treasury, Account Pension, Bilaspur, (C.6.) WRIT PETETION UNbER ARTICLE 226 OF THE CONSTtTUION OF INDIA ^:^"!S3% HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON^BLE MR. JUSTICE PRXT!NKBR DIWAKER W.P.(B).HO. 7740/2011 PETSTIONER RESPONDENTs Versus Nah.ar S-mgh Veriaa State of Chhattisgarh & Others Shri K.S.Pawar, counsel for the petitioner. Shri Praveen Das, Dy. G.A. for the State. WRJT PETITIOH UNDBR ARTICLE 226 OF THE CONSTITUTION OrjNDIA ORDBR (16.12.2011) Grievan.ee of tlie petitiouer in tlie preseut petition is that the petitioner was appoiated as Assistant Teacher/Tramee on a fi-xed pay scale of Rs. 100-150 aiid after completion of probation, he was graiited rcgular pay scale ofRs. 169-300. Contention of the counsel for the petitioner is that he is entitled for regiilar pay scale with effect from the date of iiiitial appoiatiaent and his case is squarely covered with number ofdecisions passed by this Coiirt aiid also fhe judgnient rendered by tbe M.P. State Administrative Tribimal, Jabalpiir iii O.A. JVo. 274S/S9 (Metelhukant Yesdu <& 56 Others Vs. State oJ'M.P. & Others^where ia it ha.s been held tliat simiiarly placed teachers are entitled for regular pay scale from fhe date of tlieu' mitial appointment. It is not disputed by both the parties that the niatter was taken iip by the State to tlie Apex Court biit the appeal was also disinissed by the Apex Court upholding tlie decision of tlie Tribunal to the effect that the Teachers/Assistant Teachers are entitled for regiilar pay scale frora tlie date of their iaitial appouitiaent, In view of fhe above subraission m-ade by the counsel for tbe pailies, the petition is disposed of in the same tenns i.e. tlie pet.itioB.er is graiited liberty to m.ake a representation, if so advised, m :-^. /'/'^&iSSh ? l^ '^,^^ '^£^' the Ught of the aforesaid judgm.ent aad the circulai' dated 5.1.2011 (Annexure P/2) aiid in tum., fhe concenied respondent is directed to consider their case on its own raerits and in its perspective. If tlie petitioner staads OTL the same footiog as per order passed by the State Admuiistrative Tribunal iu Madhukant Yadxi (supra) and subsequently coufimied by fhe Suprem.e Court io, Special Leave Petition (Civil) N0. 6892/93 by order da.ted 03.01.95, the petitioner may be entitied to saine reUef accordiiigly. It is expected from tbe State autiiorities to pass suitable order after due scnitiny ofthe facts, It is inade clear tliat this court has not expressed axiy opiiiion on Uie merits of fhe case aod the autiiority coiicemed would be at libert}7 to decide the representation stricfly in. accordaoce witti law. Sd/- Pritinker Diwaker Judge