x? W “MW C ‘$'\oa"#‘V @ ( IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.(siNo. $29'1 /2011 PETITIONER ( // Ayodhya Prasad Rather S/o Shri Pusauram Rather, aged about 55 years, Occupation Service, Posted as Upper Division Teacher Middle School Dholgi, B1ock Lormi, District Bilaspur C.G. VERSUS State of C.G. through the Secretary School Education Department, DKS Bhawan Raipur, C.G. , 2. The District Education Officer, Bilaspur, District Bilaspur C.G. 3. The Joint Director Treasury and Pension, Bilaspur, District Bilaspur C.G. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION tOF INDIA FOR ISSUE OF AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUSICERTIORARI ETC. OR DIRECTIONIORDER IN THE LIKE NATURE ETC. ,.,,_ mom, £/ HIGH COURT OF CHHAT’I‘ISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER W.P.[S).NO. 6294/ 201 1 PETITIONER Ayodhya Pmsad Rathor RESPONDENTS Stat€ of C.G. 8a Others Shri Rakesh Pandcy, counsel for the petitioner. ShriaAN. Shridhar, P,L. for the State. WRIT PETITION UNDER ARTICLE 226 OF THE CON$TITUTION OF INDIA ORDER (21.10.2011) Grievance of the petitioner in the pmsent petition is that the petitioner was appointed as Deputy Teacher on a hxed pay scale of Rs. 150 for a period of two years and after completion of probation, he was granted regular pay scale of Rs. 169-300. Contention of the counsel for the petitioner is that he is entitled for regular pay scale with en‘ect from the date of initial appointment and his case is squarely covered with number of decisions passed by this Court and also the judgment rendered by the M.P. State ' Administrative Tribunal, Jabalpur in 0.A. No. 2745/89 (Madhukant Yadu & 56 Others Vs. State ofM'.P. 8a Others) where in it has been held that similarly placed teachers are entitled for regular pay scale hom the date of their initial appointxnent. 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 of the Tribunal to the effect that the Teachers/Assistant Teachers are entitled for regular pay scale from the date of their initial appointment. In View of the above submission, made by the counsel for the parties, the petition is disposed of in the same terms i.e. the petitioner is granted liberty to make a representation, if so advised, in £“2/ the light of the aforesaid judgment and the circular dated 5.12011 (Annexure P/ 2 ) and in turn, the concerned respondent is dilcctcd to consider his case on its own merits and in its perspective. If the petitioner stands on the same footing as per order passed by the State Administrative Tribunal in Madhukant Yadu (supm) and subsequently connrmed by the Supreme Court in Special Leave Petition (Civil) NO. 6892/93 by onder dated 03.01.95, the petitioner may be entitled to same relief accordingly. It is expected &om the State authorities to pass suitable order after due serutiny of the facts. It is made clear that this court has not expressed any opinion on the merits of the case and the authority concemed would be at liberty to decide the representation strictly in accordance with law. ; sw- { Pritinker Diwaker J Judge