gumm 3mm) IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT PETITION (S) N0.€C( 9r? /201 1. / Susanna Kerketta, wife of Imil Toppo, aged about 51 years, working as Head Master, Govt. Middle School, \ Dadgaon, Block Lundra, District Sarguja, Chhattisgarh. PETITIONER: Versus ‘7, Respondents 1. State of Chhattisgarh, Through, The Secretary Education Department Ministry D.K.S.Bhawan, Raipur, Chhattisgarh. 2f District Educau‘on Officer, Ambikapur, Sarguja, Chhattisgarh. a 3f Block Education Officer, Block Lundra, District Sarguja, Chhattisgarh. f 4. Joint Director, Treasury, Accounts, Ambikapur, Sarguja, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226.0F THE CONSTITUTION OF INDIA J / W‘I\V %@ @ HEGH COURTOF CHHATTISGARH AT BELASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER w.p.gS).No. 647912011 PETI’HONER Susanna K€rketta Versus RESPGKDENTS Stats of QG. 8:, Others Shri C.J.K.Rao, counsd for the petitioner. Shri Sumcsh Bajaj, G.A. for tht: State. WRIT PETKTION UEDER ARTICLE 22$ OF THE CONSTITUTION OF INDIA ORDER goz.n.2o11) Grievance of the petitioner in the present petition is that the petitioner was appointed as Assistant Teacher on a fixed pay scaie of Rs. 100 in the flrst year and Rs. 150 in the second year. Thereafter, after completion of probation, he was granted regular pay scale of Rs. 169-300. Contenh'on of the counsel for the petitioner is that he is entitled for regular pay scale with etfect 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 M.P. $ta.te Administrative Tribunal, Jabalpur in O.A. No. 2745/89 Madhukant Yadu & 56 Others Vs. State afMP. & Others) where in it has been held that similarly placed teachers are entitled for regular pay scale from the date 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 en'ect that the Teachers] Assistant Teachers are entitled for regular pay scale non} the date of their minal appointment. In View of the above submissmn made by the counsel for the parties the petition is disposed of 1n the same terms 1e the H petitioner is granted libarty to make a representation, if so advised, in the light of the aforesaid judgment and The circular dated 5.1-.2011 (Annexure P/ 2 ) and in tuln, 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 Administrative Tribunal in Madhukant Yadu (supra) arid subsequently confirmed by the Supreme Court in Special Leave Petition (Civil) NO. 68§2l93 b3} order dated 03.01.95, the petitioner may be entitled to same relief accordingly. it is expected fromthe State authorities to pass suitable order after due scrutiny‘ofthe’ facts. It is made clear that this court has not expressed any opinion on the merits of the case and the authority concerned would be at liberty to decide the representation strictly in accordance with law. Sd/- Pritinker Qiwa‘kar Judge