$ p ^^1 er^) IN THE HON'BLE HIGH COURT OF CHHATTISGARHAT BILASPUR fc.G.y WRIT PETITION fS') N0. OF 2010 PETITIONER A-3^^?-"^ 1^*- <;^1.--"_ ../• d^ '••-'-^^- &P'' *lu''<0..;>'' ^^"'y"" RESPONDENTS Smt. Sevati Bai Nag, W/o Sakundram Nag, aged about 52 years, Aadim Jati Kalyan Primary School - Bartoli Sankul Centre- Keradih, Block Kunkuri, Tahsil Kunkuri, District Jashpur (C.G.) VERSUS State of Chhattisgarh: Through: the Secretary, Tribal Welfare Department, D.K.S, Bhawan, Raipur (C.G.) Assistant Commissioner, Tribal WelfareDepartment, Jashpur (C.G.) District Education Officer, Jashpur(C.G.) WRIT PETITION UNDER ARTICLE 22_6_OF THE CONSTITUTION OF INDIA 'yst ^WfvPf, ^Tfly'lic. iqwi'yy ..iJ.'..Q>.-.y?...L.^-?.^%'»c/(la IflWffshtllch"""'""""""""""""""""^ 20fll ici'btjSI" 3[I^T^I K-H* 3VK?S st>*Hi<^ ^n^cf cbl<4F(n<flT1 -fTFRTf ^ f^^ -(.Fil^.K ^; aiPg'T sn^r S.B.: HON'BLB JUSTICE MR. PSIT 15-12-2010 Shri P.P.Sahu, counsei for th' Smt. SmitaQhai, P.L. forthe Grievance ot' the petitioner in year 1977, she was aopointed as D Rs. 100 for the first year and Rs. completion of probation, she was 169-300. 1 petitioner. State. (;he present petition is that in ths I. Teacher on a i'ixed pay scale of IpO for the second year and after (ranted regular pay scale of Rs. Contention of the counsel entitled for regular pay scale witt- aopointment and his case is sqi decisions passed by this Court and £ M.P. State Administrative Tribunal, (Madlaukant Yadu & 56 Others Vs.| it has been held that similariy piacej pay scaie from the date of their initie) It is not disputed by both the up by the State to the Apex Court fcj by the Apex Court upholding; the deit that the Teachers/Assistant Teachli scaie from the date of their initia! aoi In view of the above submis^ parties, the petition is disposed of in| is granted liberty to make a represet of the aforesaid judgment and the ^ ffcr the petitioner is that she is effect from the date of miuai tarely covered with number of [Iso the judgment rendered by the Jabalpur in O.A. Ho. 2745/89 IState of M.P. & Othefs? wherein i teachers are entitled for regi-ilar appointn'ient. ;arties that the matter was taken ut the appeal was also dismissed ;ision of the Tribunal to the effect srs are entitled for regular pay sointment. icn made by the counsel for the the saine terms i.e. the petitioner itation, if so advised, in the light •ircular dated 27.12.2008 and in turn, the concemed responde.nt is i|iirected to consider their case on its own merits and in its perspectiye. If the petitioner stands on the ;':rfri -^T-T^ + XI-HC-22 'Svf •^W\v\f, WiSv'IQ. («((ni'Hll,< <11»iCTI ch*<|ch "^ 200 311^1 qil lt;-li.«ti ani^l •*t<i<* ^iftg aii^i ^RnwBftii same footing as per order passed b^ in Madhukant Yadu (supra) and Supreme Court in Special Leave Pet dated 3.1.1995, the petitioner ir accordingly. it is expected from the state after due scrutiny of the faots. it is made clear that this Coul on merits of the case and the authof to decide the representation strictly ( cht^id4lTl ^1^''^ fs'^1 <Fst^l< q? 3if-<ra sii^i the State Administrate Tribunal Isubsequently confirmed by the (tion (Civiij No. 6892/93 by order jay be entitled to same reiief fe.uthorities to pass suitabie order |rt has not expressed any opinlon •ity concemed wouid be at liberty n accordance with law. Sd/- Pritinker Diwakar Judge ''ti''.'