IN THEilON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. OF 2011 PETITIONER RESPONDENTS y' l/f Rajendra Prasad Sao son of Shri Siya Ram Sao, aged about 57 years, Working on the post of Headmaster, Government Middle School, Risda, Block-Masturi, District- Bilaspur (Chhattisgarh) VERSUS 1. State of Chhattisgarh, through; The Secretary, Tribal Development Department, D.K.S. Bhawan, Raipur, District Raipur (C.G.). ^'^'.•'' .• ^"'/.?••"'' ..-•"" r<^ 2. <^'The Commissioner, Tribal ^p-' ^•' -<i? c^ ^^y^ y ^ .;-"^' ^y/y . x^ ..-•"'^ Development Department, Raipur, District-Raipur (C.G.) 3. The Assistant Commissioner, Tribal Development Department, Bilaspur, District-Bilaspur (Chhattisgarh) WRIT PETITtON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA \"^ • 'UT/^M^ttTC* 'l • n.\fSX DILtilt A¥ASS>,B OU®Ai^'-C*1*'ITU A IJOIitk&JRi S^S, versus Ira Prasad Sao StateofCh Ofaers Shri V.K.Pandey, counsel for the petitioner. Shri N.Naha Roy, P.L. for fhe State. WRIT PBTITIOll OTtDBR AR.TICLB 226 OF THBISONSTI'TOTION OF ISDIA 116.11.2011) Grievance of the petitioner ia fhe present petition is that the petitioner was appointed as Assistant Teacher on a fixed pay scale of Rs. 100-150 for a period of two years and after coinpletion of probation, he was granted regular pay scale ofRs. 169-300. Contention ofthe counsel fbr the petitioner is fhat he is entitled for regular pay scale wifh efFect fi-oin tb.e date of mitial appointaient aad his case is squarely covered with nuinber of decisions passed by fhis Court and also fhe judgment rendered by the M.P. State AdmiEustrative Tribuaat, Jabalpur in O.A. No. 274S/B9 ^SetShukan.t Yffdu & 56 Others Vs. State ofSS.P. & Others) where ia it has been held that sunflarly placed teachers are entitled for regiilar pay scale from fhe date of fheir iiiitial appoiatnient. It is not disputed by bofh tbe parties that the niatter was taken up by fhe State to fhe Apex Coiirt but the appeal was also disiuissed by tfae Apex Coui't upholding the decision of fhe Tnbunal to the effect fhat tlie Teachers/Assistaiit Teachers are entifled for regular pay scale froia fhe date offheir initial appointment. In view of fhe above subnaission inade bv fhe counsel for the parties, the petition is disposed of iu the saiue terms i.e. the petitioner is granted liberty to inake a representation, if so advised, iii ^-^. 't, 1 ..-'/ the light of fhe aforessdd judgment and the circular dated 27.12.08 aad in tum, fhe concemed respondent is du-ected to consider their case on its own inerits aad ia its perspective. If the petitioner staads on the sanie footmg as per order passed by the State Adininistrati.ve Tribunal in Madhukant Yadu (supra) aad subsequeatly confirtned by the Supreme Court iu Special Leave Petition (Civil) N0. 6892/93 by order da.ted 03.01.95, the petitioner niay be entifted to same relief accordiaglv. It is expected froin the State auttiorities to pass siiitable order after due scrutinv offhe facts. It is made clear fhat fhis court has not expressed aay opiaion on the xuerits of ttie case and ftie authority concemed would be at liberty to decide the representation stricfly in accordaace with law. Sd/- pritroker - judge