a IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(SINO. ^a>40 /2011 PETITIONER ^ .^'c^-' 'yd^-'" / l'\v'.."±^'/ ^' ./•" J- >< / ^...•••^•""A y ^•'^;K y"ry~ ^'^ RESPONDENTS Komalkant Kulmitra S/o Jagannath Prasad Kulmitra, aged about 57 years, Occupation Service, Posted as Head Master Middle School Majgaon, Block Lormi, District Bilaspur C.G. VERSUS l^- State of C.G. through the Secretary School Education Department , DKS -Bhawan Raipur, C.G. 2. The District Education Officer, Bilaspur, District Bilaspur C.G. 3. The Joint Director Treasury and Pension, Bilaspur, Distrjct Bilaspur C.G. .WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUE OF AN A APPROPRIATE WRIT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTION/ORDER ^ IN THE LIKE NATURE ETC. 1.1^ ] ^J^^y^ ^. HIGH COURT OF CHHATriSGARH AT BILASPUR SB : HON'BLB MR. JUSTECB PmTINKKR DIWAKER PSTITIONBR RJBSPONDEFITs W.P.tSi.NO. 6940^2011 Komatkant Ku'biiitra versus State of Chhattisgarh & Others Sliri Rakesh Pandey, counsel for the petitioner. Shri Bhaskai' P^7asi, P.L. for ttie State. WMTPETITIQN UNDBRARTICLB226QFTHE^CONSTl^^ OF INDSA ORDBR 124.11.20111 Grievaace of the petitioner io. fhe present petitiou is fhat the petitioner was iaitially appointed as Assistaat Teacher on a fixed pay scale of Rs. 100-150 aad after coiapletion of probation, he was granted regular pay scale ofRs. 169-300. Contention of the counsel for the petitioner is that he is entitled for regular pay scale with effect from the date of initial apponitment aiid his case is squarely covered with number of decisions passed by fhis Court aad also the judgment rendered by fhe M.P. State Admmistrative Tribunal, Jabalpur m 0<A- N^ 2745/89 ^Ma&hukant^ Yadu & 56 Offeers ys. State ofM.P. & Offeers^where ia it has been held that similarly placed teachers are entifled for regular pay scale froin fhe date of fheir iaitial appointaient. It is not disputed by both the parties tliat the xnatter was talceu up by the State to the Apex Court but the appeal was also dismissed by tiie Apex Court upholding thc decision of tbe Tribunal to the effect fhat fhe Teachers/Assistaiit Teachers are entitled for regulai* pay scale froni tlie date of their initial appoiiitment. In view of the above subinissiou xnade by the counsel for fhe pardes, the petition is disposed of ia the same terois i.e. the petitioner is grajited Mberty to niake a representation, if so advised, m :^^3^ ^ 1: l! v ^i;31 J -l:l-':^s^ "^E??^^,. ^^ Uie Ught of tiie aforesaid judgmeut and the circular dated 5,1.2011 (Annexure P/5) aad in tuni, tlie concemed respondent is directed to consider fheir case on its own nierits aad in its perspective. If the petitioner staiids on fhe same footin.g as per order passed by tlse State Admiaistrative Tribunal ia Madhukaat Yadu (supra) and siibsequently confirmed by the Sixpreme Court in Special Leave Petition (Civil) N0. 6892/93 by OKler dated 03.01.95, the petitioner nxay be entitled to saoie relief accordingly. It is expected froin fhe State authorities to pass suitable order after due scnitiny of tlie facts. It is inade clear that fhis coiirt has not expressed aiiy opiriion on the luerits of the case and the aiifhority concemed would be at Mberty to decide fhe representation stdctly ia accordaace with law. Sd/- Pritinker Diwaker Judge