V (^ '^5^ 7^ ^&s~ IN THE HQN'BLE J-1IGM COURT OF CHHATriS6ARH AX BILASPUR W.P. (S) N0. "33 /2011 PETmQNERS r^y^.^ v--^.-9'" ^ -^f^ ..-•:,-<;..• .^""y ..<<; "-yx^ •?-"&" i,.-- ^v ^i. / Purushottam Singh, S/o Late Sonsai, aged about 60 years, Meadmaster (Pn'mary) at (Tribal Welfare bepartment) &ovt. Pnmary School Pandopara (Kanchanpur') Bloek-Baikunthpur, District- Korea (C.G.} Bhajan Ram Sahu, 5/o Late Shiv Ramdhani Sahu, aged about 62 years, Headmaster (Middle) at Tribal Welfare Department) 6ovt. AAiddle School, Dufnaria, Block- Baikunthpur, District- Korea (C.6.) Banarasi Lal, S/o Late Manbodh, aged about 60 yedrs, Upper Divisron Teacher at (Tribal Welfare Department) 6ovt. Middle School, Salka, Block- Baikunthpur, District -Korea (C.6.\'fi- -y1 r ^ RESPONDENTS -^4. Butan Rarn S/o Late Shri Panna Lal, aged about 59 years, Lecturep at (Tr-ibal Welfare Depaftment) 6ovt. Migh sA°OI^Salka, Block- Baikunthpur, &istrict- Koreg (G.6.) VERSUS ; 1. State of Chhattisgarh, , / Through - The Secretary, Tribal Welfar'e Oepdrtment, &.K.S. Bhawan, Raipur, E)istt. -Raipur' (C.&.) /^2. Assistant Commissioner, Tribal Welfare Department, Korea (Baikunthpur') Distt.-Korea (C.G.) 3. Block Edycation , Officer, Baikunthpur, Block-Bgikunthpur, t>istt.-Korea (C.<5.) WRIT PETITION UNDER ARTECLE 226 OF THE CONSTITUTION OF IN&IA 1. PARTCCUt-ARS OF THE PETETEONER (S): - As per the cause title. 2. PARTCCULARS OF THE RESPONDENT (S):- As per the cause title. 3. PARTICULARS OF THE OR&ER AGAINST WHICH T^ PETrriON IS MADE. & / ':-\ I. "6& ]l ff s^. ^1 HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justiw Pntinker Diwator) Writ Petition fSI No. 3910 of 2011 PETITE&NERS Purushottam Singh & others VERSUS RESPONDENTS State of Chhattisgarh and others Shri Anll Singh Rajput, counsel for the petitloner. Shri Pravin Das, Dy. G.A. for the State. WRTT PETITION UNDER ARTICl.E 226 OFTHE CONSTmjTION OF INDIA ORDER (25.07.2011) Grievance of the petitioners in the present petition is that the petitioners were appointed as Assistantteacher In the year 1973 on a fixed pay scale of Rs. 100 and after completion of their probation, they were granted regular pay scale of Rs. 169-300. 2. Contention of the counsel for the petltioners is that they are entitled for regular pay scale wlth effect from the date of initlal appointment and their case Is Kiuarely covered with number of decistons passed by this Court and also the judgment rendered by the M.P. State Administrative Tribunat, Jabalpur in OJ^. No. 2745/89 (Madhukant Yadu & se Others Vs. State of M.P. & Otfters) wherein it has been held that similariy placed teachers are entitled for regular pay scate from the date of their Initiat 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 upholdlng the dectsion w' -V of the Tribunal to the effeet that the Teachers/Asslstant Teachers are entitled for regular pay scale from the date of thelr initlal appointment. 4. in vlew of the above submissfon made by thecounsel for the parties, the petition is disposed of ln the same terms i.e. the petltioners are granted tiberty to make representation, if so advised, in the light of the aforesald judgment and the circular dated 27.12.2008 (Annexure P-4) and in turn, the concerned respondent Is directed to conslder their case on Its own merits and in jts perspectlve. If the petltioners stand on the same footing as per order passed by the State Administratlve Tribunal In Madhukant Yadu (supra) and subsequently confirmed by the Supreme Court in Special Leave Petltion (Civtl) No. 6892/93 by order dated 03.01.95, the petitioners may be entttled tosame rellef accordingty. 5. It is expected from the State authorities to pass suitable order after due scrutlny of the facts. 6. It is made clear that this court has not eiqiressed any opinton on the merits of the case and the authortty concemed would be at liberty to decide the representatlon strlctly In accordance with law. Sd/- Pritinker Diwakar Judge •'i^