® @ SINGLE &EN£!‘I IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION {S} No.éé2$ [2011 /‘ , PETITIONER Sukhdeo Singh S/o Shri Jahar Sai aged about 61 Years occupation Head Master Govt. Middle School Mudagoan, Block— Lailunga Distt. Raigarh (C.G.) VERSUS RESPONDENTS: 1’ State of Chhattisgarh Through Secretary, Tribal Welfare” Department, D.K.S. Bhawan, Raipur, (C.G,) / 2. Assistant Commissioner, Tribal Welfare Department, Raigarh Distt. Raigarh (C.G.) / 3. Block Education Officer Block— Lailunga Distt. Raigarh (C.G.) / 4. Joint Director Treasury,accounts, pension, Bilaspur District— Bilaspur (C.G.) WRIT UNDER‘ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. PERTICULAR OF THE PETITIONERS: As per cause title. PERTICULAR OF THE RESPONDENTS: 2. As per cause title. @ HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER W.P.[S[.NO. 6628/201 1 PETITIONER Sukhdco Singh VEI‘SUS RESPONDENT$ StatE of C.G. 85 Others Shri Anil Mourya, counssl for the petitioner. Shri N.Naha Roy, P.L. for tht Statc. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (14.11.2011) Grievance of the petiu'oner in the present petition is that the petitioner was appointed as Assistant Teacher on a fixed pay scale of Rs. 100 for a period of one year andrthereafter on a &ed pay scale of Rs. 150 for a pen'od of one year. After completion of probation, he was granted regular pay scale of Rs. 169-300. Contention of the counsel for the petitioner is that he is entitled for regular pay scale with effect from the date of minal 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 (IWadhukant Yadu & 56 Others Vs. State ofM.P. & Others) where in it has been held that similarly placed teachers am entitled for regular pay scale from the date of their initial appoinunent. 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 nom the date of their inin'al appointment. In view of the above submission made by the counsel for the parties, the petition is disposed of in the same terms i.e. the €39 petiu'oner is granted liberty to make a representation, if so advised, in the light of the aforesaid judgment and. the circular dated 27.12.08 (Annexure P/ 2 ) and in tunl, the concerned [respondent is dixected 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 confirmed 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 dom the State authorities 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. Sd/- i Pritinker Diwaker Judge