1 r IN THE HON'BLE HIGH COURT OF CHHATnSGARH AT BILASPUR (C.6.} W.P. (S)NO. ?^3 /2011 PETmONER RESPONbENTS : 1. ^. ^' ^^ ^^- .^\^.v'1^-" %^> .^ i/1 J" ...•";" . i 2. '^•••<\^ ,..-•• ^.0 ^ /-" Rishi Kumar Sharma, aged about 58 years, S/o Late Shri bwarika Prasad Sharma, Head Master, Janpad Primary School Mohda Block Bifha, Distt. Bilaspur (C.G.) VERSUS State of Chhattisgarh Through Secretary, School Education Department b.K.S. Bhawan, Raipur (C.G.) The Director Public Instructions Raipur (C.6.) District Education Officer, Bilaspur, District-Bilaspur (C.G.) Btock Education Officer Bilha. District- Bilaspur (C.G.) Joint Director, Treasury, Account Pension, Bilaspur, (C.G.) WRIT PETZTION UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA •xv^- o H COURT OF CHHATTISGARH AT BSLASPUR SB : HON'BLS MR. JUSTICB PMTIMKBR W.P.(8S.K"0. 7T53/2011 PETITIOMBR RBSPOMDENTs versus Ris'hi Kumar Shai'nia State of Chhattisgarh 85 Others Shri K.S.Pawar, coiin.sel for fhe petitioner. Shii xN.Naha Roy, P.L. fbr the State. WRIT PETITION UNDBR 226 OF THB CONSTITUTaON OP INDIA ORDER fl6.12,2011) Grievance of fhe petitioner i& the px'eseiit petition is that the petitioner was apponited as Assistaat Teacher/Tramee on a fixed pay scale of Rs. 100 aad after conipletion of probation, he was graated regular pay scale ofRs. 169-300. Conteiition of tlie counsel for ttie petitioner is tha.t she is entitied for regular pay scale wifh effect frora the date of mitial appoint3iient and his case is squarely covered with num.ber of decisions passed by fliis Court aad also the judgxneat rendered by the M.P. State Adixitiiistrative Tribunal, Ja.balpur m O.A» N^ 274S/89 (Me^dhukant Yasbs. & S6 Qthers Vs. State ®fM.P. & Ofrhers^ where m it has been held fhat similarly placed teac:hers are entitled for regular pay scale froni tiie date of tlieir iaitial appointaient, It is not disputed by both the parties that the raatter ^vas taken up by the State to tlie Apex Court but tlie appeal was also disniissed by tiie Apex Coiirt upholditig the decision of tlie Tribunal to the effect ttiat the Teachers/Assistaiit Tea.chers are entitled for regular pay scale from. tfae date of tlieir uiitial appoin.txaent, In view of tlie above szibiaissioii made by the counsel for tlie parties, the petition is disposed of ia tbe sam.e terms i.e. tlie l'< li '^ ^A. :-.:"^9^. ^ 1 ^ •^./ .^^' z^ petitioner is granted liberty to make a repx'esenta.tion, tf so advised, ia the light of fhe aforesaid judgnient aod the circular dated 5,1.2011 (Annexure P/ 2) and in. tui-n, tlie concemed respondeiit is directed to consider tiieh' case cn its OWD. snerits and iii its perspective. If tlie petitioner staads on tiie saiDie footing as per order passed by tlie State Adimnisti'ative Tribunal ia Madhukaat Yadii (supra) aiid subsequenUy confirmied by fhe Suprerae Court in Special Leave Petition (Civil) N0. 6892/93 by order dated 03.01.95, the petitioner inay be entitied to saine reUef accordmgly. It is expected froni the State authorities to pass suitable order after due scnituiy oftih.e facts. It is FQ.ade clear that fliis court has not expressed any opiiiion on the merits of the case and the aiithority concenied would be at Uberty t.o decide the representatiou strictly ia accordaace with law. Sd/- Pritinker Diwaker Judge