/s^ o ^ < 1 c^ C> '<-^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR C.G. PETITIONER ^^^- ..y7-;^-y"!.'.'.-<::Ti ^^y^ ^<e's ^^'^•••" RESPONDENTS ^(1) ^ r7 ^ \^ •('Ul.to^* (2) ^.^ £oo.(i-. W.P. (S) No.....fa.Q.^..Lr.....2011 ^ Narhari Prasad Gopal s/o Late Fool Singh Gopal Aged 53 Years, sport teacher Government Girls Higher Secondry School Sakti District JanjgirChampa (C.G) VERSUS The State Govt. of Chhattishgarh, Through - The Secretary, School Education Department, D.K.S. Bhavan, Raipur (C.G.) District Education Officer, Janjgir Champa( C.G.) WMT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OR MANDAMUS/DIRECTION OF OTHER APPROPRIATE WRIT. .^ y (£? HIGH COURT OF CHHATTISGARH AT BILA8PUR SB : HON»BLBMR. JU8TICB PRITINKBR DIWAKER \ ^ L_ PBTITIONBR RBSPONDBNTS W.P.ISI.NO. 6002/2011 Narhari Prasad Gopal versus Stat-e ofC.G. & Others Shri Sonikant Verma, counsel fbr the petitioner. Shri Praveeu Das, Dy.Q.A. for the State, WRIT PBTITION UNDER ARTICLE 226 OP THE CONSTIT^TION OP INDIA ORDBR (11.10.2011) Grievaace of the petitioner ia tibe present petition is that fhe petitioner was appointed as Assistant Teacher on a fixed pay scale of Rs, 100 for a period of two years aad after coiapletion of probation, he was granted regular pay scale ofRs, 169-300, Contention of the counsel for fhe petitioBer is that he is eatifled for regular pay scale wifti effect froiii tiie date of iaitial appoiatment aiid his case is squarely covered with niiixiber of decisions paased by fhis Court and also fhe judgment rendered by fhe M.P. State Administrative Tribunal, Jabalpur m O.A. No. 2745/89 (aSadhulennt Yadu & 56 Ofhcrs Vs. State ^fSS.P^ Ss Others^where m it ha8 been held fhat similarty placed teachers are entitied for regular pay scale from the date offheir initial appomttnent. It is not disputed by bofh tJie parties that fhe matter was taken up by fhe State to the Apex Court but fhe appeal was also dismissad by fhe Apex Court upholding fhe decision offbte Tribunal to fhe effect fhat fhe Teachers/Assistaiit Teachers are entifled for regular pay scale froin fhe date of their iaitial appoiatment. In vicw of fhe above submission xaade by the counsel fer the parties, the petition is disposed of m fhe saaxe tenns ie. the petitioner is graated Hberty to raake a representatton^ if so advised, ia ^.^1 ^r^ '^ •%^ ti^^. %^..^^ 's;^^^i^^ ^ fhe Ught of tibe aforesaid judgment aad fhe circular dated 5,1.2011 (Annexure P/5 ) aad ia tum, the concemed respondent is directed to consider fherr case on its own xnerits aad ia its perspective. If flie petitioner staiids on fhe same footmg as per order passed by fhe State Admmistrative Tribunal m Madhukaat Yadu (supra) aad subsequentiy confinned by fhe Suprexuie Court ia Special Leave Petition (Civil) N0. 6892/93 by order dated 03.01.95, the petitiioner may be entitled to same reUef accordingly. It is expected froxn fhe State aufhorities to pass suitable order after due scrutiny offtie facts. It is inade clear fhat this court has not expressed aay opisaion on fhe nierits of fhe case aiid tfae aufhority conceraed would be at Uberty to decide the representation strictiy ia accordance wifbi law. Sd/- Pritinker Diwaker Judge