IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT •-< BILASPUR WRITPETITION fS) No. -^o-G /2011 PETITIONER RESPONDENTS: ^^w 'ClS^" ^' Lokman Khan S/o Shri Sahban Khan, aged about 61 Years., occupation Head Master Govt. Middle School Malgaon, Block-Katghora Distt. Korba (C.G.) VERSUS 1."" State of Chhattisgarh Through Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur, (C.G.) 2. Commissioner, Tribal Welfare Department, Raipur , ^/2^).-^^-rf ^^^•^^ Raipur District ;^cy'^-l"-v" " (C.G.F ." 3'. AssistantCoramissioner, Tribal Welfare Department, Korba Distt. Korba (C.G.) 4. Joint Director Treasury,accounts, pension, Bilaspur District- Bilaspur (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COXXRT OF CHHATnSQARH AT BIIASPUR 8B : HON'BLB MR. JUSTICE PRITINKBR DIWAKER PETITIONER RE8PONDENTS W.P.jSl.NO. 5806/2011 Lokman Khan versus State ofC.G. & Othera Shri Ashwini Shulda, counsel for the petitioner. Shri N.Naha Roy, P.L. for the State. WRIT PBTITION UNDBR ARTICLE 226 OP THB COTtS'nTUTION OPINDIA ORDBR (28.09.2011) Grievance of the petitioner in the preseat pctition is tfaat the petitioner was appoiated as Depuly Teacher on a fixed pay scale of Rs. 100-150 for a period of two years aud after coiapletfon of probation, he was grantied regular pay scale ofRs. 169-300. Contention of the counsel &r fhe petitioner is fhat he is entltled for regular pay scale with effect fi?oxn fhe date of initial appoiuttnent and bis case is squarely covcred wifh num.ber of decisions passed by fhis Court aud also tfae judgment rendered by fhe M.P. State Admmisteati.ve Tribunal, Jabalpur in O^A. No. 2745/89 (Madhufceint 7cdu & 56 Others Vs. State ofX.P. & Others^where in it has been held fhat similarly placed teachers are entifled for regular pay scalc froin fhe date offheir iuitial appoiatment. It is not disputed by boffa the parties fhat the matter was takeia (Lp by fhe State to fhe Apex Court but ffae appeal was also dianissed by the Apex Court upholdiag fhe decision ofttie Tribunal to the effect fhat fhe Teachers/Assistaat Teachers are entitted for regular pay sc.ale froin fh.e date offheir iiutial appointment. In view of fhe above submission niade by fhe couusel for the parties, the petition is disposed of in fhe same tenns i.e. ftie petitioner is granted Uberty to inake a representation, if so advised, m. l<^s:s'^.:.-.;. <;^..,^^ the light of fhe aforesaid judgincnt aad fhe circular dated 5.1.2011 (Annexure P/2) aad in tum, the concemed respondent is dipected to consnler their case on its own nierits and in. its perspective. If fhe petitioner staads on fhe saiue footmg as per order passed by the State Adininistrafive Tribuiial in Madhukant Yadu (supra) aad subsequenfly confirmed by fhe Suprenie Court in Special Leavc Petftion (CivU) N0. 6892/93 by order dated 03.01.93, fhe petitioner tuay be entttied to same reliefaccordingly. It is expected fl-oia the State authorities to pass siutablc order after due scrutiay ofthe facts. It is made clear that fhis court has not expressed any opiaion on the nierits of the case and the authorily concemed would be at Uberty to decide the representatk)n stricfly in accordauce with law. Sd/- PritJRker - Judge k