/ / ‘ 3Q“, Shah Bench IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.6.) w.P.(5)No. H96? /2o11 Through Secrefary, School Educcmon Depar‘rmen‘r D.K‘S. Bhowon, Roipur (CG) 2./V The Director Pubiic Insfructions Roipur (C.G.) 3. ‘ District Educa’rion officer Bilospur, Disf’r. Bilaspur (C.G.) yx 4. Join’r Diredor, Treasury, accounts, pension, Bilaspur Division, Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA xx m mm mu mmvm m n w i magmwwwz V, PETITIONER : Sm‘r. Shahzodi Khan @ Shuhzadi Joshef, Aged abou’r 55 year's, W/o Shri Robinson Joshef, Head W Mis’rress, Governmenf primary MM School Pur‘oni Basfi, Block Ko‘m, DisH. Bilospur (CG) VERSUS RE$PONDENT5 Ii 1. STo’re of ChhaT‘risgar’h HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE SHRI JUSTICE PRITINKER DIWAKER “mum no. 47071 201 ; WRIT PETITION UNDER ARTICLE 226/227 OF THE CON$TITUTION OF INDIA Ayyeaxance: Shri B.L.Dembra, counsel for the netiticnm‘. Shri N' Naha Roy, P.L. for {be Stats. ORAL ORDER (18.08201 1) Grisvance of The patitioner in the pressnt pctitx'on is that ths pstitioner was appointed as Deputy Tctacher on a fixgd pay scale of Rs. 150 for a pariod of 1W0 years amd after complcfion of probation, she was granted regular pay scale of Rs. 169—300. Contention of the counsel for the yetitioner is that she is entitled for regular pay scale with effect from the date of initial appointment and his case is squarely covered with number of decisions passed by this Court and also the judgment rendered by the MP. State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu & 56 Others Vs. State of MP. & Others) Where in it has been held that similarly placed teachexs are entitled for regular pay scale from the (late 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 effect that the Teachers/Assistant Teachers are entitled for regular pay scale from the date of their initial appointment. ?Z/ PETITIONER Smt. Shahzadi Khan (if; Shahzadi Joshaf RESPONDENTS Suatc of (1G. 8:. Others Z} In vicw of tbs abovg submission mad€ by the col'mSel for the parties, the patih'on is disposed of in the, same terms ic. the petitioner is granted liberty to makc a representation, if so advised, in thé light of the aforesaid judgmcnt and tha circular datad 5. 1.2011 consider thm'r case on its own men'ts and in its pgmpectivc. if the: petitioner stands on the same footing as per onier passed by the State Adminisfrative Tribunal in Madhukani Yadu (supra) and subsequently conjirmed by the Supreme Court: in Speciai Lsave Peu'tion (Civil) NO. 6892/93 by order dated 03.01.95, the petitioner may be entitied to same relief accordingly. It is sxpected &om the State authon'ties 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 ease and the authon‘ty concerned Would be at liberty to decide the representation strictly in accordance with law. Sd/— Pritinker Diwaker Judge