® IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NofWg/ 0f 2011 PETITIONER: Mahesh Ram Thakur S/o Shri Gwal Ram, aged about 61 years, Head Master, Govt. Middle School Surra, Block Gurur, Dist— Durg (C.G.) VERSUS : 1. The State of Chhattisgarh, through the Secretary, School Education Department, Mantralay at D.K.S. Bhawan, .Raipur (C.G.) 2. The Commissioner, Public Instructions, Chhattisgarh, Raipur (C.G.) 3. The District Education Officer, District — Durg, (C.G.) WRIT PETITION‘UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA WW, W33,W W'W mm (Wm WW WW( mwaqm %WW SB : Hon’ble Shri Manindra W‘l‘o‘flanr Shrivastava J. 09-4 2-2011 E Shri S.K.Thomas, counsel for the petitioner. Shri Chandresh Shrivastava, anei Lawyer for the State on advance copy. Wiih the consent of iearned flnaity. Learned counsei appearing for the petitioner submits that the issue invoived in the case is as to whether, the petitioner is entitied to reguiar pay scaie with effect from the date of initiai appoint ent or after completion of probation period. The issue invotved herein w s considered by the Madhya Pradesh State Administrative Tribunal, Jabaipur in O.A.No.27‘45i89 (Madhukant Yadu and 56 others v. State of MP. & others), wherein, it was held that the simiiariy situated teachers are entitled to regular p y scale with etfect from the date of initial appointment. lt is not disputed by both th parties that the matter was taken up by the State to the Apex Court but the a peai was also dismissed by the Apex Court upholding the decision of the Tribu al to the effect that the teachers i Assistant Teachers are entitled for reguiar pay scaie from the date of their initiai appointment. y Accordingiy, the petitioner is ranted liberty to make representation raising ail his grievances, in the light o the aforesaid judgment and order dated 05301/201 1, and in turn, the concern d respondent is directed to consider the case on its own merits‘and its perspectiv . if the petitioner stands on the same footing ‘ /as per order passed by the State Administrative Tribunal in Madhukant Yadu (Supra) and subsequently confirm d by the Supreme Court in Speciai Leave counsel for the parties, the matter is heard WWWW Wm é>w 9%.41/gi m WWW (Wu) “IIW‘W i‘VT‘Ei‘WdW i WTY’m-l SIMDW 2/201 l—i SO 000 am $1 fi'aw am&@m$m$ mm 31m F é? v mm:¥wm ‘%a%na&m Petition (Civii) No.6892i83 by 0rd r dated 03i01l‘95, the petitioner may be entitied to same reiief aceordingiy. It is expected from the S te authorities to pass suitabie order after due scrutiny of the facts. in view of foregoing, this pe ition is tinaiiy disposed off. Sd/- Martindra Mohan Shrivastava Deepii Judge