IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.(S)No. 7/313 0F2011. / PETITIONER : Smt. Ashok Shukla, W/o. Shri Puran Prasad, aged about 61 years, Head Mistress, Govt. Primary School Mundipara, Ghodagaon, Block Kondagaon, District Bastar (co) VERSUS RESPONDENTS :1./State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.G.) / y 2. Assistant Commissioner, Tribal Welfare Department Jagdalpur, District Bastar (C.G.) 3./Block Education Officer, Kondagaon District Bastar //’ (C.G.) 4. Treasury Officer, Treasury Account and Pension, Kondagaon, District—Bastar ‘44 (C.G.) @ @ WRIT PETITION UNDER ARTICLE 226 OF THE N CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRI’I‘INKER DIWAKER w.P.‘S).No. 7553/201 1 Shri Somkant Verma, counsel for the petitioner. Sbn' ANShridhar, P.L. for the Stats. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (13.12.2011) Grievance of the petitioner in the present petition is that the petitioner was appointed as Deputy Teacher on a hxed pay scale of Rs. 100-150' and after completion of probation, she was granted regular pay scale of Rs. 169-300. Contention of the counsel for the petitioner is that she is enu‘tled for regular pay scale with effect from the date of initial appointment and her case is squarely covered with number of decisions passed by this Court and also the judgment rendered by the M.P. Smte Adminisn‘ative Tribunal, Jabalpur in O.A. No. 2745/89 (Madhukant Yadu 6a 56 Others Vs. State of M.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 effect that the Teachers/Assistant Teachers are entitled for regular pay scale from the date of their initial 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 PETITIONER Smt. Ashok Shukla versus RESPCNDENTS State of Chhattisgarh 85 Others 6% petitioner 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/S) and in turn, the concerned respondent is directed to consider their 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 from the State authorities to pass suitable order after due scrutinv 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/- Pritinker Diwaker Judge