T%3§€‘ S‘Hm, . w“ &§2 © N'BLE HIGH COURT OF CHHATrISGARH AT BILASPUR (c.G.) WRIT PETITION s N0. 3 é ‘ OF 2010 I}! r WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA b IN THE HO PETITIONER : Agrasen Ram, Kashyap, O\ \nw In; Q \g/ p5“? S/o Ganesh Ram Kashyap, aged about 57 years, R/o r Village Rengaghat, Post Basantala, Tahsil Kunkuri, District Jashpur (C.G.) VERSUS RESPONDENTS ' State of Chhattisgarh: Through: the Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.G.) Assistant Commissioner, Tribal Welfare Department, Jashpur (C.G.) If District Education Officer, Jashpur (C.G.) mmw WW %¢W $a11‘anm $3.: HON’BLE JUSTICE MR. PRITINKER DIWAKER 15-12-2919 Shri P.P.Sahu, counszal for the } Smt. Smita Ghai, PL. for thg $i Grievance ofthe petitioner in t} year l976, she was appointsd as Dy. Rs. 100 for the first year and Rs. 15 >etitier. ate. 1e present petition is that in the Teacher on a fixed pay scale of 3 for the second year and after completion of probation? she was granted regular pay scale of Rs. 169-300. Contention of the coutlsel f0: entitled for regular pay scale with appointment and his case is squ: decisions passed by this Court and a} M.Pi State Administrative Tribunal, (Madhukant Yadu & 56 Others Vs. $tate oi‘MP. & Others) wherein it has been held that similarly piaeed appointment pay scale from. the date of their initial It is not disputed by both the t up by the State to the Apex Court bi. by the Apex Court upholding the dec that the Teachers] Assistant Teache arties that the matter was taken it the appeai was also dismissed sion of the Tribunal to the effect rs are entitled for regular .pay scale from the date of their initial app ointment. In View of the above submissmn 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 the light ‘ of the aforesaid judgment and the circular dated 27. 12.2008 and in turn, the concerned respondent is directed to consider their case on its own merits and in its perspective. if the petitioner stands on the ’ r/, ~ the petitioner is that she is effect from the date of initial areiy covered with number of so the judgment rendered by the Jabalpur in O.A. No. 2745/89 teachers are entitled for regular cm mam mvféa mmmm WW WW éaexmm the State Administrate Tribunal iubsequentiy confirmed by the ion (Civil) No. 6892/98 by order 1y be entitled to same relief same footing as per order passed by in Madhukant Yadu (supra] and s Supreme Court in Special Leave Peti? dated 3.1. 1995, the petitioner m: aoooréingly. t is expected from the state a after due scrutiny of the facts, It is made ciear that'this Com on merits of the case and the author to decide the representation strictly ii uthorities to pass suitable order ‘t has not expressed any opinion Lty concerned would be at liberty 1 accordance with law. Sd/- Pritinker Diwaker x/V. Judge i \