Single Bench /o <7 ”W“ Cf IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P.(s.) No. éél3 /2011 PETITIONER: Siya Ram Kashyap S/o Shri Loknath Kashyap, aged about 56 1 years, Working as Headmaster, Govt. Primaxy School, Kukda, §.‘ Block Navagarh, Distt Janjgir— Champa (C.G.) VERSUS ESPONDENTS /' 1) State of Chhattisgarh Through : The Secretary, School Education Department D.K.S. Bhawan, Mantralaya, Raipur (C.G.) / 2) The District Education Officer, District Janjgir—Champa, (C.G.) Block Education Officer, Block Navagarh, District Janjgir—Champa (C.G.) ,4) Joint Director Accounts Treasury and Pension Bilaspur District Bilaspur (C.G.) / WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA £ “' R HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER w.p.qs).no. 6613/2011 PETITIONER Siya Ram Kashyap VCrSuS RESPONDENTS State of C.G, 85 Others Shri K.P.Sahu, counsel for the petitioner. Shri Praveen Das, Dy. G.A. for the State. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (14.11.2011) Grievance of the petitioner in the pmsent petition is that the petitioner Was appointed in the year 1977 as Assistant Teacher on a hxed pay scale of Rs. 100 and after completion of probation, in the year 1978, he was granted mgular pay scale of Rs. 169v300. Contention of the counsel for the petitioner is that he is entitled for regular pay scale with effect fmm the date of initial appoinhnent and his case is squarely covered with number of decisions passed by this Court and also the judgment rendered by the M.P. State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (.Madhukant Yadu & 56 Others Vs. State ofMP. & Others) where in it has been held that similarly placed teachers are entitled for regular pay scale from the date of their initial appointment. It is not disputed by both the parties that the matter was taken up by the State to the Apex Court but the appeal was also dismissed by the Apex Court upholding the decision of the Tribunal to the eh‘ect that the Teachers] Assistant Teachers are entitled for regular pay scale from the date of their Initial appointment. In View of the above submission made by the counsel for the parties, the petition is disposed of in the same terms i.e. the petitioner is granted liberty to make a representation, if so advised, in w the light of the aforesaid judgment and the circular dated 5.1.2011 (Annexure P/2 ) and in tum, the concerned respondent is dilected to consider his case on its own men'ts and in its perspective. If the petitioner stands on the same footing as per order passed by the State Administrative Tribunal in Madhukant Yadu (supra) and subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) NO. 6892/93 by order dated 03.01.95, the petitioner may be entitled to same relief accordingly. It is expected from the State authorities to pass suitable order after due scrutiny of the facts. It is made clear that this court has not expressed any opinion on the merits of the case and the authority concerned would be at liberty to decide the representation strictly in accordance with law. Sd/- Pritinker Diwaker Judge WWW,“ WW ii ?