^t.SU-5 i -c^ < n" IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P.fS.lNO. 6~I^J /2011 PETITIONER: Manikchand Swarn'kar S/o Shri Goverdhan Swarnkar, Aged about 50 years, Working as Head Master, R/o Village Pusour, Via Pussour, District Raigarh (C.G.) VERSUS RESPONDENTS ^ ' ^^•"" ^~ A ^ -1. State of Chhattisgarh Through Secretary School Education Department, D.K.S. Bhawan Raipur (C.G.) 2. District Education Officer, \ Raigarh District Raigarh (C.G.) ^•3. Joint Director Treasury Accounts Raigarh District Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF _ THE CONSTITUTION OF INDIA FOR ISSUANCE QF.WRLT IN NATURE OF MANDAMUS CERTIORA.RY OR ANY OTHER WRIT OF LIKE NATURB ETC. /• / A\/l$'S?A"/-<' ^y The petitioner most humbly and respectfully begs to submit as under : " PARTICULARS OF THE PETITIONER:- As stated given in the cause title above. 2) .- PARTICULARS OF THE RESPONDENTS:- As stated given in the cause title above. :^^ I, ^^fi^l '^.^f^^^ iU W.P.S'SI.MO. 5101/2011 Manikcharid S'wsiTilcar versus State ofC.G- & Others Shri. K.P.SaIiu, couiisel for fee petit:k?iier. Shii Praveen Das, Dv. G. A. for tli.e State. •inai Grievsnce of t&e petitioner in the present petitioii is tltat the petitioner was appoiiited as Assistact Teacher 011 a fixed pay scale of Rs. 100 for a period of two years aad afl'.er coiapletion of pro'ba.tion., he was granted reg'iilar pay scale of Rs. 169-300. Contention o'f the coiinsel for ttie petitioaer is tb.at ne is entitlcd for reg'ular pay scsJe witli effect froia the date of initial apponitment and his case is squarely covei^d with nuinber"ofdecisicns passed by tbis 'Ctourt aiid alsc the iuciginent rendered bv the M.P. State Adminisn-ative Tribunal, Jabalpur ii O.A. Aro. 2-745/S9 (Madhufec.nf YesSv. & S6 Others Vs. SttOx: afm.P. Ss Othersf'sheTe i& it has been held tliat similariy placed teachers ars entitleci for regiilar pay scale fiioro the date of ftteh- initial appoiiitment. It is not disputed by both the parties th.at the inatter was taken up by fhe State to fbe Apex Coiirt but the appealwas also disinissed l>y tlie Apex Court upholdiag fhe decision of the Tribunal to the efiect that fbe Tea.chers/Assistant Teachers are entitled for regijlsr pay scale frOTis. fh.e date of rh.eir 'initial appointment. ln view of fbe above s-ubiaission niade bv the counsel for the parties, &e petition is di of ia the saaie. terms i.e. petitioner is granted libe:rt5- to inake a representatioa, :if so adn.sed, in ^ the light cf fhe aforesaid jusigment and the circular dated 5.1.2011 (Aiinexure P/2) and in tura, fhe concemed respondent is directed to consider his case on its own inerits and in its perspective. If flie petitioaer stands on ftie saiae footuig as per oi-der passed by the State Administrative Tribunal in Madhukaiit Yadu (supra) and subsequenfly coofinaied by fee Suprcaie Court ia Speciat Leave Petition (Ciwl) N0. 6892/93 by order dated 03.01.95, tb.e petitioner mav be en.titled to same reUef accordinKlv. It is e-xpected froin, the Stete authorities to pass siiitable order after duescru.tiny offhe facts. !t is inade clear tbat this court has not expressed any opinion oa the nierits of tlie case an.d the authoritv' conceEDed woilid be at Ubert^' to decide ttie representetioB. stnctly ia accordance v<i& law. Sd/- Pritinker Diwakar Judge