<L. ^ • '°° BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION ( St N0. ^S.'^'S / 2011 fflil « •tu ^^OT'.^ii. PETITIONER: )^^^ ^^F^- ..•"•^y"" ..-"'': .^^...••c". -rf^^"" ..-•< ^•^' ...-•^v RESPONDENTS: ^l. 2. 3. /" SHEIKH HEERAJAAN QURAISHI, S/o Shri Sheikha Amanjaan, aged about 54 years, presently posted as the Upper . Division Teacher, Govemment Middle School Loharsi, Bloek Pamgarh, District Janjgir Champa (C.G.). Versus STATE OF CHHATTISGARH, Through its Secretary, Government of Chhattisgarh, Department of School Edycatioh, D.K.S. Bhawan, Mantralaya, Raipur(C.G.) THE DISTRICT EDUCATION OFFICER, District Janjgir Champa (C.G.) THE BLOCK EDUCATION OFFICER, Block Pamgarh, District Janjgir Champa (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1 :a «!• HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON'BLE MR. JU8TICB PRITIWKER DIWAKBR W.P.ISl.NO. 6373/2011 PETITIONBRS KESPONDBNTS versus Sheikh Heerajaa Qureshi State ofC.G. & Others Ms. Pushpa Dwivedi, counsel for fhe petitioners. Shri Chandresh Shrivastava, P.L. for fhe State/respondents. WRIT PBTITION UNDERARTICLB 226 OFTHELCQNSTTTUTIOg OFINDJA ORDBR (21.10.2011) Grievance of ttie petitioner iu tfae present petition is that the petitioner was appoiated as Assistaat Teacher on a fixed pay scaic of Rs. 100-150 for a period of two years aud after conipletion of probation, he was granted regular pay scale ofRs. 169-300. Contention ofthe coiinsel for ftie petttioner is that he is entified for regular pay scale with effect from the date of initial appoiatment and his case is squarely covered wifh nuiaber ofdecisions passed by this Court aud also fhe judgment rendered by the M.P. State Admiaistrative Tribunal, Jabalpur ia O.A. No. 274S/89 (Madfaufeant Yiubt Sa 56 Others Vs. State o/M.P. & Ofhers^where m it has been held fhat similarly placed teachers are entitled for regular pay scale fixiin the date oftheir initial appouitaient. It i? aot disputed by bofh the parties fhat fhe matter was taken up by fhe State to fhe Apex Court but fhe appeal was also dismissed by the Apex Court upholding fhe decisibn of the Tribunal to fhe effect l' that the Teachers/Assistaut Teachers are eatitled for regular pay scale froTS. the date oftheir itutial appoiatnient. In view of fhe above subnussion inade by fhe coiiasel for the parties, the petition is disposed of ia fhe same tenns i.e. the petitioner is graated Uberty to inake a representation. ifso advised. in |i"]i;rmi:]^ r'1i"r "f the l^ht of fhe aforesaid judgment and the circular dated 5.1.2011 (Annexure P/1 ) aad in. tura, the conceraed respondent is directed to consider their case on its own nierits aad in its perspective. If the petitioner staads on fhe same footing as per order passed by the State Admmistrative Tribuual ia Madhukaat Yadu (supra) and subsequently conflrmed by the Supreme Court ia Special Leave Petition (Civfl) N0. 6892/93 by order dated 03.01.95, fhe petitioner inay be entitled to sanie reliefaccordingly. It is expected fi?oin fhe State authorities to pass suitable order after due scrutiny ofthe facts. It is inade clear that ttiis court has not expressed any opiaion on fhe merits of the case and the authority concerued would be at Uberty to decide fhe representation strictly in accordance wifh law. Sd/- pritinker Dtwakar Judge jl"fl;IT1'l;TIT]i" ; "1: '"l~ ::< s-wa-w'^eSS-'KSSiSiv