- IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR w.P.(s.) No. ma /2010 PETITIONER: ,f Pardeshi Lal Dhimar S/ o Late Shri Amol Dhimar, aged about 51 years, present posting as Upper Division Teacher in the Govt. Middle School, ‘Bhaisama ’Block Korba, District Korba (C.G.)V1'V— VERSUS RESPONDENTS ' 1. State of Chhattisgarh / Through : The Seéretary, Tribal Welfare Department D.K.S. Bhawan, Raipur (C.G.) The Commissioner Tribal Welfare Department, Raipur, District Raipur (C.G.) The Assistant Commissioner Tribal Welfare Department, Korba, District Korba (C.G.) The Joint Director Treasury accounts and Pension Bilaspur Division Bilaspur ‘ (C.G.) The District Education Officer Korba, District Korba (C.G.) /6. The Block Education Officer Korba, District Korba (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN ' NATURE OF MANDAMUS CERTIORARY OR ANXA OTHER WRIT OF LIKENATURE ETQ; ' HIGH @OURT OF QiMTTISGARl-l AT BikASPUR , ‘F. WRIT PETITION (S) NO 1371_pf2m0 Petiiioner - Fades!“ Lat Dhnmar. ' Versus aspond r ‘ Stats of Chhatnsgath&othef3 WRIT PETITION UNDER ARTICLE 226 OF THE CON$TITUTIGN OF INEA $3 Hon'ble Mr SaushK Agn’hatn J) Ptesenk ;- Shn K S Pawar. Advocate for the petitoner Shn P K Bhadun, Panel Lawyer for the Siren RDER ORAL . (Passed on 31 of March; 20m) With the consent of learned aounse! appeanrg for the parties, the mtmon ls heard finally Learned counsel appeanng for the petitioner submits lhat the paitioner was appointed initially as Assistant Teacher on a fixed pay of Rs. 150/- on probation. After completion of his probation period, the pditioner Was granted regular pay scale of Rs. 369-300la. Learned counsel further submits that the issue involved in the case is asto whethervthe petitioner is entitled to regular pay scale with effect “from the datevof a initial appointment or after completion of probation period's The issue involved herein was considered by the Maqhya Pradesh State Administrative Tribunal, Jabalpur (for shalt “we SAH in O.A.No.2745/89 (Madhukant Yadu and 56 Wis V$ 3&te of MR &' owe/s), wherein it was held that the similarly situated teachers are entitled to regular pay scaie wefthe date of initial appointment The matter was taken up to the Supreme Court. Thelappeel was ¢fsmissed s by the Supreme Court, upholding the decision of the Tribunal to the effect that the TeachersiAssisEnt Teachers are emitted toregular pay scale from date of initial appointment. In view of the above submissions made hy learned ceunsel for the parties the writ petition is disposed of 0n request of the learned r counsel the petitioner Is granted liberty to make a representatton to the » respondent authorities If so adVised to consider hb ease and pass appropriate order, on its own merrt and in its perspective. In the ”git d ‘ 7r the order passed by the SAT m Madhukant Yadu (supra) submquently ’“ confirmed byrthe Supreme Court in Special Leave Paition (Civii) Ne ‘ 6892/93 by order dated 3 1 1994 The authorires shall consider and “pass the order m accordance wrth law expeditiousl ' Arun. » y 7/ , . g/