1. 5 €^i1@?e Be IN THE HON'BLE HIGH COURT OF CHHATTIS6ARH AT BILASPUR (C.G.) W.P. rs)No. 73o^ /2011 PETmONER ^••> ^^"..''"' ^y .••*' .cy ^ ^y5^ v^' ^'^ RESPONDENTS : ..c^ Radheshyam Kaushik, aged about 60 years, S/o Late Shri Shiv bayal Kaushik, Upper Division Teacher, Government Boys Higher Secondary School Chakerbhata Camp, Block Bilha, Distt. Bilaspur (C.G.) VERSUS 1.' State of Chhattisgarh Through Secretary, School Education bepartment D.K.S. Bhawan, Raipur (C.6.) 2. The birector Public Instructions Raipur (C.G.) 3. District Education Officer, Bilaspur, District-Bilaspur (C.G.) 4. Block Education Officer Bilha, District- Bilaspur (C.G.) 5/ Joint Director, Treasury, Account Pension, Bilaspur, (C.G.) ^ WRFT PETITION UNbER ARTICLE 226 OF THE CONSTETUION OF INblA ^3 HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON»BLBMR. JUSTICE PmTINKER DIWAKBR W.P.JS1.NO. 7304^2011 PBTITIONER RBSPONDENTs verszis Radhesliyam Kaushik State of Chhattisgarli & Othera Shri K.S.Pawar, counsel fbr the petitioner, Shri Yashwaiit SinghThakur, Dy. A.G. for the State. WRIT PETITION UNDER ARTICLE 226 OP THE COMSTmJTlON OP INDIA ORDER fOS. 12.2011) Grievance of tlie petitiouer in the present petition is that the petitioner was appointed as Deputy Tea.cher on a fixed pay scale of Rs, 100-150 aad after completion of probation, he was granted regular pay scale ofRs. 169-300, Conteutiou ofthe counsel for tlie petitioner is that he is eutitled for regular pay scale with effect from tlie date of mitiaJ appomtment aod his case is squarely covered wifb number of decisions passed by this Court aad also the judgment rendered by the M.P. State Admmistrative Tribunal, Jabalpur ia Q.A. N0. 274S/89 fSXe&dhukant Ymiu & 56 Others l^s. State qfM.P. &? CMi:h^rs^ where ia it has beeu held fhat siniilarly placed teachers are entiUed for regular pay scale froni the date of tbeir initial appoiatotiiei]t. It is not disputed by both tiie pai-ties that tlie matter was taken up by tlie State to tlie Apex Court but the appeal was also dismissed by the Apex Court upholdiag fhe decision of the Tribtinal to fhe effect tliat fhe Teachers/Assistant Teachers are entitled for regular pay scale froni the date of their iaitial appoio.tment In view of fhe above submission raade by the counsel for ihe pardes, the petition is disposed of iu the same temis i.e. ttie petitiouer is grmited liberty to niake a representation, if so advised, ia ^Q fhe Mght of the aforesaid judgnient and fbe circular dated 5.1,2011 (Anuexiire P/ 2) and ni turo.,, fhe concemed respondent is directed to consider fheir case on its own nierits aad in its perspective. If tlie petitioner stands on fhe saine footmg as per order passed by tJie State Admmistrative Tribunal m Madhukaiit Yadu (supra) and subsequently confircaed by fhe SupreBie Court ia Special Leave Petition (Civil) N0. 6892/93 by order dated 03.01.95, the petitioner niay be entitled to safne relief accordiiigly. It is expected frora the State autfaorities to pass suitable order after due scrutiny ofthe facts. It is ina.de clear fhat fhis coui't has not expressed any opinion on tlie inerits of tlie ca.se and the autboiily concemed would be at liberty to decide fhe representation stdcfly ia accordance with law. Sd/- Pritinker Diwaker Judge