c-^-'1s^^7 4^ 4 BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION fSI No. UO'i- /2010 PETITIONER Kriparam Bhardwaj, S/o Ramlal, Aged about 54 years, Working as Lecturer R/o C/o Govt. Middle School Kadge District Kanker, C.G. RESPONDENTS 9\lo.^'^e:-" ^V"...Y"^^"^-- .»....^^'1"" VERSUS 1. 2. 3. 4. State of Chhattisgarh, Through Secretary, Department of Scheduled Tribe and Scheduled Caste Development, Mantralaya, D.K.S. Bhawan, Raipur, C.G. District Education officer Kanker District North Bastar (Kanker) , C.G. Assistant Commissioner, Tribal Development, Kanker District North Bastar (Kanker), C.G. District Treasury Officer, Treasury Kanker District North Bastar (Kanker), C.G. WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA T~l-kf?i -th/^i/^i—la -^ r^n/^/4—i'a-^^'1-T*-; 2^ mGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (S) No. 402 of2010 PETH'IONER : KriparamBhardwaj. VERSUS RESPONDENTS : State ofChhattisgarh & Othere. WMT PETmON UNDER ARTICLE 226 OF THE CONSTITUTION OP INDIA SB: Hon'ble Shri Satish K. Aenihotri. J. Present: Shri Alok Dewangan, Advoeate for the petitioner. Shri M.P.S.Bhatia, Dqiuty Govennneitt Advocate for the State. ORAL ORDER (Passed on 29A day of January, 2010) With the eonsent of leamed counsel appearing for the parties, the prtition is heard finally. 1. Leamed eounsel appearing for the petitioner submits that the petitioner was appointed initially as Assistant Teacher on a fixed pay of Rg. 100/- oa probation. After completion of probation period, the petitioner was gtanted regular pay scale of Rs. 169-300. Shri Dewangan further subnuts that the issue involved in the case is asto whether the petitianer is entitled to regular pay scale with effect from the date of initial appoittfment or after oompletion ofprobation period. 2. The issue involved herein was considered by the Ntodhya ftadesh State Admniistrative Tribuaal, Jabalpur (for short "the SAT") m O.A.No.2745/89 (Madhukarst Yadu and 56 others vs. State ofM.P. & others), wherein it was held that the similarly situated teachers are entitled to reguto pay scale -wi.e.f. the date ofinitial appointment. The matter was taken up to the Sqireme Court. The appeal was dismissed by the Supreme Court, upholding the decision ofthe Tribunal to the effect that the Teachers/Assistant Teacters are entitled to regular pay scale from date ofinitial appointment 3. In view of the above submissions made by l^med counsel for the parties, the writ petition is disposed of in the same terms i.e., the petitioner is granted liberty to make a representation, ifso advised, to consider his case on its own merit and in its perspective. Ifthe petitioner stands on the same footings as per order passed by &e SAT m. Madhidwnt Yadu (supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) No. 6892/93 by order dated 3-1-1994, the petitioner may be entitled to ssme relief accordingly. Amit Sd/- SATISH K. AGNMOTRI Judge