PETITIONERS IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. h?10 /2011 RESPONDENTS: Kushal Prasad Tengwar S/o Chhoturam Tengwar aged about 54 Years presently worklng as Head Master at Govt Primary School Banibhata, Block — Masturi, Distt. Bilaspur (C.G.) Munshi Ram Sidar S/o Shambhu Ram Sidar aged about 51 Years, presently working as Head Master at' Govt. Primary School Jhalmala Block — Masturi, Distt. Bilaspur (C.G.) State of Chhattisgarh Through Secretary, Department of Education Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) The District Education Officer, District Bilaspur (C.G.) Block Education Officer, Block Masturi District Bilaspur (C G ) J01nt D1rector, Treasury,accounts penSIon, Bilaspur D1str1ct—Bllaspur (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1, VERSUS 1 . HIGH COURT OF CHHATTISGARH AT BXLASPUR. SB : HON’BLE SHRI JUSTICE PRITINKER DIWAKER W.P.{8} NO. 4720(2011 PETITIDNERS Kushal Pra$ad Tengwar 8r, Another RE$PONDENTS State of C.G. &. Othéirs WRIT PETI’é‘ION UNDER ARTICLE 22$[22’I OF THE CONSTITUTION 0'? INDIA ‘ Appearance: \ Shn' Ashwini Shukla, counsml for the pctitjoners. Shu' A.V.Shridhar, P.L. for tha State. ORAL ORDER (18.08.2011) Grievance of the yetiu'onms in the presant petifion i$ that fhe petitioners were appointed as Deputy Teacher on a iixed pay scaie of Rs. 150 for a period of two yeam and after completion of probation, they were granted regular pay scale of Rs. 169—300. Contention of the counsel for the petitioners is that they are entitled for regular pay scale with effect from the date of initial appointment and their case is squareiy covered with number of LE I decisions passed by this Court and also the judgment rendered by the M.P. State Administrative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu &. 56 Others Vs. State of M.P. a; Others) where in it has been held that. similarly placed teachers are entitled for regular pay scale &om 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 x \ 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. In View of the above submission mada bV the counse1 for the parties, fhe petiu‘on is disposed of in the same tenns i‘e. The petitioners are granted liberty to make a representation, if so aovised, in the light of the aforesaid judgment and the circuiar dated 5‘ 1.20} 1 (Annexure P/ 2) and in turn, the concerned respondent is directed to consider their case on its own men‘ts and in its perspective. If the petitionexs stand on the same foofing as per onier passed by the State Administrative ’I‘n'bunal in. Madhukant Yadu (supra) and subsequently coriiinned by the Supreme Court in Special Leave Petition (Civil) NO. 6892/93 by order dated 03.01.95, the petitioners may be entitled to same 1elief accordingly. It is expected from the State authorities 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 case and the authority concerned would be at liberty to decide the representation strictly in accordance with law. Sd/- Pritinker Diwaker Judge