IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT PETITION (S) No. ‘366 /201o. PETITIONER: / Narendra Kumar Pandey, son of Tejaswi Prasad Pandey, aged about 54 years, Posted as Upper Division Teacher, Govt. Higher Secondary School, Binjhra, Block Podi—Uproda, Korba, Chhatisgarh. versus Respondents /’ 1. State of Chhattisgarh, Through, The Secretary Tribal Welfare Department Ministry D.K.S.Bhawan, Raipur, Chhattisgarh. '2. Commissioner, Schedule Tribe and ' Schedule Caste Development, Chhattisgarh, Raipur. / 3. Assistant Commissioner, Tribal Welfare Korba, District Korba, Chhattisgarh. 2 4. Joint Director, Treasury, Accounts, Korba, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA wm'r PETmON (S) m 1366 ozm - Namndra Kumar Pandey I Versus Petitioner Respondgnt ‘ * Sate af Chhatiisgarh & athers‘ WRIT PETRTION UNDER ARTICLE 226 OF THE CONSTHUIION OF IND§A (sB : Hon'ue Mr. satish K Agnihoui, J.) Pfesent :- I $hri K.S. Pawar, Advoéafe *or tine #etitionér. 7 ‘ Shri P_.K. Bhaduri, Pane! Lawysrfor the Slate. ‘oRQIgggQ‘aAQ 4v LC ”(Passedonm omavch 2010) With the consent of learned counsel appearmg for tm partles the petition is heard finallv \ ’ 1. Leamed counsel appeanng for the petmoner submus that the pehuoner was appomted Inmally as Deputy Teacher on a fmed pay of Rs 150i- on probation After completuon of his probation period, the petmoner was granted regular pay scale of Rs 169-3001- Learned counsel further submms that the issue involved In the case is aste whether the petrtroner rs entrtled to regular pay scale wrth effect from the dategof a initial appointment or after completion cf probation period. “ The issue involved herein was considered by the Madhya Pradeshr State Admrnrstratrve Tribunal Jabalpur (for short ”0'73 SAT’) In O A No 2745m9 (Madhukam Yadu and 56‘ others w 3am d MP s& ' others), wherein rt was held that the srmrlarly situated teachersnareg entitled to regular pay scale mej the date at initiahappgintment. The matter was taken up to the Supreme Court. The appeaffwas dismissed v by the Supreme Court, upholding the decision of the Tribunal to the eifect that the Teachers/Assistant Teachers are entitled mregular pay scale from date of initial appointment. ln view of the above submissions made by learned counsel for the parties, the writ petition is disposed of. On request of me learned counsel, the petitioner is granted liberty to make a representaa‘on to the respondent authorities, if so advised, to consider his case andmpaesi? appropriate order on its own merit and in its perspective; in the light of the order passed by the SAT m Madhukant Yadu (supra) subsequently confirmed by the Supreme Court rn Special Leave Petition (Grvrl) No 6892/93 bv order dated 3-1 1994 The authormee shall consider and pass the order rn accordance wrth Iaw expeditiousl //i/ , Arun fo j: j E y 7/ 7 , /