7% v awQ/\ \ e BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WP. (C) No. 3§\5 /201 1 Ashok Kumar Kaushik, S/o. Shri Vishalnath aged about 52 years, presently working as Assistant Teacher at Aswakha‘ Dhandha, Balak Ashram, Sarkanda, Near Science College, Seepat Road, Bilaspur (C.G.) PETITIONER Versus State of Chhattisgarh Through The Secretary, Tribal Welfare Department D.K.S. Bhavan, Mantralaya, Raipur (Chhattisgarh) Commissioner, Tribal ‘ Welfare Department, Raipur (C.G.) Tribal a Bilaspur ESPONDENTS : 1) Assistant Commissioner, - Welfare Department, District BilaSpur (C.G.) Joint Director, Treasur cos Pension, Bilaspur (C.G. The Circle Organizer Tribal Welfare Bilaspur, District Bilaspur (C.G.); WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA k) o Ix m mam \W WW. a» w y I H , y , I t n m ® w R y, Acunt ) HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition (S) No. 3515 of 2011 PETITIONER Ashok Kumar Kaushik VER$US RESPONDENTS State cf Chhattisgarh and others Shri U. R. Koshaley, counsel for the petitioner. Smt. Smita Ghai, P.L. for the State. WRrr PErrrION UNDER‘ARTICLE 226 OF THE V C¢N$T1TUTION 9F INDM aRDER (2o.o7.2o11) Grievance of the petitioner in the present petition is that the petitioner was appointed as Assistant teacher on a fixed pay scale of Rs. 100 for a period of one year and Rs. 150 for the next year and after compietion of probation, he was granted regular pay scale of Rs. 169—300. 2. Contention of the counsel for the petitioner is that he is entitled for regular pay scale with effect from the date'of initial appointment and his case is squareiy covered with number of decisions passed by this Court and also the judgment rendered by the M.P. State Administrative Tribunal, Jabalpur in 0A. No. 2745/89 (Madhukant Yadu & 56 Others Vs. State of M.P. & Others) wherein it has been held that similarly placed teachers are entitled for regular pay scale from the date of their initial appointment, 3. 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 ,a’ of the Tribal to the effect that the Teachers/Assistant Teachers are entitled for regular‘ pay sca1e from the date of their initial appointment. 4. In view of the above submission made by the counsel for the parties, the petition is disposed of in the same terms i.e. th petitioner is granted liberty to make a representation, if s dvid, in the light of the aforesaid judgment an the circular ded 27.12.08 and in turn, the concerned respondent is directed to consider his case on its own merits and in is perspective. If the petitioner stands on the same footing as per order passed by the State Administrative Tribunal in Madhukant adu supra) an susequently confirmed by the Supreme Court i il eae Pition (Civil) N0.‘6892/93 by orer dated 03.01.9 e petitioner may be entitled to same relief accordingly. 5. It is expected from the State authorities to pass suitable order after due scruiny of the facts. 6. It is made clear that this court has not expressed any opinion on the merits the case and the authority concerned would be at liberty to decide the representation strictly in acCordance with law. Sd/v- Pritinker Diwaker J udge M un e o ase d at Y ( d b n Speca Lv et d 5, th t of