1 (^> IN^THE HON'BLE HISH COURT OF <:HHAms6ARH AT P. fS)NO. ^S^ /2011 PETTTIONER •^ Bharatlal Suryavanshi, Aged about 56 years, S/o Late Shri Maniram Suryavanshi, Lecturer, Government Higher Secondary School Sakarra, Block Takhatpur, District-Bilaspur RESPONDENTS : t<' State of Chhattisgarh A"/••" />• ^.^y...-- L^^-^--""" ^•"^l"l'.--r"^ ./<<3^",...-^ ^y.^0' ^" ...-••/^0 2. School Education Department D.K.S. Bhawan, Raipur (C.6.) The Director Pubiic Instructions 3." District Education Officer, Bilaspur, District-Bilaspur (C.G.) Biock EducationOfficer Bilha, District- Bilaspur (C.6.) 5'. Joint Director, Treasury, Account ^- Pension, Bilaspur (C.6.) 6. The Principle, Sovernment Higher Secondary School Sakarra, Block Takhatpur, Distt. Bilaspur (C.G.) 1:1 F.1 i Es! ain.]:]:|[;;«;irni:z:fln!ra;ii'iiB.<7!.,rfSiwsii[»agaa5BEMW3Hjajg K I1 2. ^ WRTT PETETrOMUN&ER ARTICLE 226 OF THE CONSTTTUION OF INDIA Bharatlal Survavanshi VERSUS State of Chhattisaarh and others Shri K.S. Pawar, counsel for the petitioner. shri Y.S. Thakur, Dy. A.G forthe State. ,10.2 With the consent of the parties, the matter is heard finaily. 2. Grievance of the petitioner in the present petition is that the petltioner was appointed as Assistant Teacher on fixed pay scale of Rs. 100-150 for a period of two years and after completion of probation, he vvas granted reguiar pay scale of Rs. 169-300. 3. Contention of learned counsel for the petitioner is that he is entitled for regular pay scale with effect from the date of initial appointment and his case is squarely covered with number of decislons passed by this Court and also the judgment rendered by the M.P. State Administrati'/e Tribunal, Jabalpur in O.A. No. 274S/89 (Madhukant Yadu and 56 others Vs. State of M.P. and others), wherein it was held that the simi!arly situated teachers are entitled for regular pay scale with effect from the date of initiai appointment. k 4. 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 Couri: uphotding the decision of the Tribunal to the effect that the Teachers/Assistant Teachers are i.1.. -.... ...... -rL- entitled for reguiar pay scale from the date of their initi appointment. 5. In view ofthe above submission made by 'earned counsel for the parties, the petition is disposed of in the same terms i.e. the petitioner is granted !iberty to make a representation, if so advised, in the light of the aforesaid judgment and the circular dated 05.01.2011 (Annexure P-2) and in turn, the concerned respondent is directed to consider their case on its own merits and in its perspective. If the petitioner stands on the same footing as per order passed by the State Adminlstrative Tribunal in Madhukant Yade (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 rehef according'y. 6. It is expected from the State authorities to pass suitable order after due scrutiny ofthe facts. 7. It is made clear that this Court has not expressed any Qpinion on the merits of the case and the authority concerned would be at liberty to decide the representation strictly in accordance with law. pritu&CTOiwakar Judge Priya 1!T"|:1 1-1...;:—:1' ••^-^r^g^^s^^&'^s^s1.