5$/ é $JN$LE §E§mk§ IN THE HON‘BLE HIGH COURT OF CHHATTISGARH AT RESPONDENTs : BILASPUR (C .G.) w.P. s No. éég /2o11 / Nasir‘ Khan, Aged about 55 year's, S/o Shri Man Khan, Lecfur'er', Governmen’r Higher Secondary School Bilaspur, Block Bilha, District-Bilaspur (C.6.) VERSUS S’rafe of Chhaffisgarh Thmugh Secrefary, School Education Deparfmen‘r D.K.S. Bhawan, Raipur‘ (C.G.) ' The Director Public Insfruc‘lions Raipur‘ (C.G.) District Educafion Officer, Bilaspur, Dislricf-Bilaspur (C.G.) Block Education Officer Bilha, District- Bilaspur (C.G.) Joint Director, Treasury, Account Pension, Bilaspur (6.6.) The Principle, Government Higher Secondary School Bilaspur, Block Bilha, Distt. Bilaspur (6.6.) mil WRIT PETITION UNDER ARTICLE 226 OF THE HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER w.P.(sy.No. 6538/201 1 PETITIONER Nasir Khan verSuS RESPONDENTS State of CG. 8a Others Shri K.S.Pawar, counsel for thc petitioner. Shri Shashank Thakur, P.L. for the State. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (14.11.2011) Grievance of the petitioner in the present petition is that the petitioner was appointed in the year 1974 as Trainee/Assistant Teacher on a flxed pay scale of Rs. 100 for a period of one year and thereafter in the year 1975 on a fixed pay scale of Rs. 150 for a period of one year, After completion of probation, in the year 1976, he was granted regular pay scale of Rs. 169-800, 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 O.A. No. 2745/89 (Aladhukant Yadu & 56 Others Vs. State ofM.P. & Others) Where in it has been held that similarly placed teachers are entitled for regular pay scale from the date of their initial appointment. 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 edect that the Teachers] Assistant Teachers are entitled for regular pay scale from the date of their initial appointment. a? In View of th6 above submission made by the counsel for tho parties, the petition is disposed of in the same terms Le, the petiu'oner is granted liberty to make a mpresentation, if so advised, in the light of the aforesaid judgment and the circular dated 5.1.2011 (Annexure P/ 2 ) and in tum, the concerned respondent is directed 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 (supra) and subsequently conhrmed by the Supreme Court in Special Leave Petition (Civil) NO. 6892/93 by order dated 03.01.95, the petitioner may be entitled to same relief accordingly. It is expected n‘om the State author-ides to pass suitable order after due scrutiny of the facts. It is made clear that this court has not expressed any opinion on the merits of the case and the authority concerned would be at liberty to decide the representation strictly in accordance with law. i Sd/— l Pritinker Diwaker i Judge