C^f;-?zr2^_ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION (St No.3^'^ 72011 PETITIONER ?.' ^\. »^^ ll-;-^ :>•**' ..'•••'"^.'••^ ...• ^^s^^ ..•-"'^••:"\'!•••'" ^IP) ^"\..y- ^ .e<?MS' ,&••••" RESPONDENTS; ' Tularam Mehara S/o Shri Premsai Mehara about 52 Years occupation Upper Division Teacher Govt. middle School ITI Korba, Block Korba Distt. Korba (C.G.) VERSUS J-. State of Chhattisgarh Through Secretary, Tribal Welfare Deportment, D.K.S. Bhawan, Raipur, (C.G.) 2. Commissioner, Tribal Welfare Deportment, Raipur District Raipur (C.G.) 3. Assistant Commissioner, Tribal Welfare Deportment, Korba Distt. Korba (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. PERTICULAR OF THE PETITIONERS: As per cause title. 2. PERTICULAR OF THE RESPONDENTS: As per cause title. ^> s"^ cvas ^;i'^s% 0\ HIGH COURT 0V CHHATriSGARH AT BILASPCTR 8B : HOtTBLB MR. JU8TK;B PRITINBBBR DIWAKBR pynvwsKs. RBSPOMEWNTs W.P.(8)JIO. 3662/2011 Tulai-am Mehara yergss State of Chliattisgarh aaothcr Shri Ashwani ShuMa, couasel for the petitfoncr. ShriA.V.Shridhar, P.L. for the State. WMT PETITION WKDBR ARTICa^ SK»CW THB COWBTITUTIOW OF INDIA ORDER (11.07.2011) Grievaace of the petitioner is that on 1980-81, he was appoiated as Assistant Teacher on a fixed pay scale of Rs. 100-150 for a period of Iwo years and after completion of probation, hc waa granted iiegular pay scate ofRs. 169-300. Contention of the couiisel for tfae petitioner is that he is entifled for regular pay scale with efiect fioxa the date of iaitial appointmeat and his case is squarely covered wifh number <rf decisioas psBsed by this Court aad also ttie judgment rendercd by fhe M.P. Statc Admmistrative Tribunal, Jabalpur ia O^L Wo. 274WS/89 (Madlinteaat Yadu & S6 Others Vs. State of M.P. & Others) whereln it haa beea heM that simflarty placed teachers are entifled for Begiilar pay scale fix>m the date of&eir initial appointment It is aot disputed by both tfac parties that thc matter was talBea up by (he State to the Apcx Court but the appeal was also disnussed by tfae Apex Court upholdiag the decision of ffae Tribunal to fhe effect tfaat thc Teachers/Assistaat Teachers are cntitled for aegular pay scale fium fhc date ofttieir initial appointment <l^' In view of the abovc subinission iiiade by the counsel for thc parties, the petition is dMposed of in the aaaac tenas i.e. the petitioncr is granted liberty to make a repres®ntati©n,if so advised, to consider hls case on its own inerit and ia its perspcctive. If the petitioiier stands on fhe same footing as per order passed by the State Adininistrate Tribunal iu Madhukant Yadu (sup-^ and subsequenfly confirmed by the Supreine Court in Special Leave Petition (Civfl) No. 6892/93 by osder dated 3.1.1995, the pellttoner niay be entitled to same relief accordingfy. It is expccted fi-om tfae state authorities to pass sultable <Mder afiter due scrutiay offhe facte. Sd/- Pritinker Diwakar Judge