CD Wm; IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR w.p.(s.) No. 5a 99 /2o1 1 PETITIONER: // Shyam Lal S/ o Shri Yadav Singh RIT PETITION UNDER ARTICLE 226 OF THE ONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN ATURE OF MANDAMUS CERTIORARY OR ANY THER WRIT OF LIKE NATURE ETC. ( W C N O WV Dai, Aged about 62 years, Working as Head Master At Government Primaly School Rajaparaa (Garhbhitar), Raigarh District Raigarh (C.G.) RESPONDENTS ,7 1. / State of Chhattisgarh Through Secretary School Education Department, D.K.S. ....... ”I Bhawan Raipur (C.G.) "www.5- 2. / District Education Officer, I” \&%$1}ht Raigarh District Raigarh (C.G.) Joint Director Treasury Accounts Raigarh District Raigarh (C.G.) CE ‘7/ HXGE‘E COURT OF CHHATTISGARH AT 3!LASPUR SB : H9N’BLE MR. JUSTXCE PRITINKER DIWAKER w.p.g51.mo. 50991201 1 PETITIONER Shvam L311 - VEI‘SHS REsPONDENTS State m" (1G. &. Othars Shn; Shn' Pravecn K.P.Sahu, DaS, counwl Dy. G. for A. the fay pctitionm the State: WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (02.09.2011; Gn’evancs of the pctitioner in the present pefition is that the petitioner was appoimed as Assistant Teacher on a fixed pay scalc of Rs. 160 fer a ptriod of two yeans and after campietion of probation, he was granteci regular pay scale of Rs‘ 1694-300‘ Contantion of the counsel for th¢ petitioner i$ that he. is entitled for reguku" pay scale with offect from tho date of initia} appoim‘mem’ and his case is squarely covered with number of decisions paesed by This Court and also the judgment rendered by the MP. Skate Administrative Tribunal, Jabalpur in O.A. No. 2745/89 Wadhukamf Yadu 8:. 56 Others Vs. State ofM.P. 8a Others) where in. it has been ,\> held mat similarly placed teachers are eniifled for reguiar pay scale from the date of their initial appointmem. 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 appointmen t. In View of the above submission made by the counsel for the parties, the petition is disposed of in the same terms i.e. the petitioner is granted liberty to make a representation, if so advisecL in (777; the light of the aforesaid judgment and the: circular dated 5.1.2011 (Armcxure P] 2) and in. tum. the: concerned respondrant is directed To consider his case on its own merits and in its perspective. if tho petitioner stands on tho same footing as per order passed by the Srate Administraiivs ’I‘n'bunal in. Madhukant Yadu (supra) and subsequently confirmed by the Suprcme Court in Special Leave Petition (Civii) NO. 6892/93 by order dated 03.01.95, the petitioner may be entitled to same relief accordingly. ex. It is execcted fmm the State authon’u‘es to pass suitable order after due scrutiny of the facts. It is made clear that this court has not expressed anv opinion on the merits of the case and the authority couoemecl would be at liberty to decide the representation, strictly in accordance with law. Sd/— Pritinker Diwaker Judge