IN THE HIGH COURT'OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P. s.' No. q $0 2011 // Parikshit Sao S/o Shri Jaganath Prasad Sao, aged about 58 years, 2/0‘ ‘ féLf ' m“ Adim Jati Kanya Ashram Shala, ......... a ........ W1] ..... gar“ Assisiant Teacher, Posted at mgi-i‘x.~.;-NM1 7 ' 'Mahasamund Baidpali, Block (C.G.) Saraipali, District PETITIONER VERSUS RESPONDENTS 1./ State of Chhattisgarh Through : The Secretary, Tribal Welfare Department D.K.S. Bhawan, Raipur (C.G.) if The Assistant Commissioner Tribal Welfare Department Mahasamurid, Dist Mahasamund ‘ (C.G.) The District Education'Officer, Mahasamund Distt Mahasamund ‘ (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN. ‘NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. The petitioner most humbly and respectfully begs to ,Z submit as under : \ Wm w FC£>MW13Q 200 wéwm (Wu) amwfm’m‘ ‘ mmm WW Wm wnmm %ai1=<mem%!1 SB : Hon’bie $hri Manindra Mo 1an Shrivastava, J. 03-1 2-2011 Shri D.R.Patel, counsei fo the petitioner. Shri Shashank Thakur, P el Lawyer for the State. flnaiiy. With the consent of iear ed counsei for the parties, the matter is heard Learned counsel appeari in the case is as to whether, t e petitioner is entitied to regular pay scale with ntment or after compietion of probation period. was considered by the Madhya Pradesh State Administrative Tribunai, Jabai in O.A.No.2745i89 (Madhukant Yadu and 56 others v. State of MP. & 0th rs}, wherein, it was held that the simiiariy situated teachers are entitied to regui r pay scale with effect from the date of initial appointment. It is not disputed by bot the parties that the matter was taken up by the State to the Apex Court but t e appeal was atso dismissed by the Apex Court upholding the decision of the for the petitioner submits that the issue involved effect from the date of initial a The issue invoived here p r ibunai to the effect that the teachers i Assistant Teachers are entitled for re uiar pay scale from the- date of their initiai appointment. Accordingiy, the petition r is granted liberty to make representation raising aii his grievances, in the ii ht of the aforesaid judgment and order dated i . é 05/01i201 1, and in ttiitn, the co cerned respondent is directed to consider the case t : on its own merits and its persp ctive. if the petitioner stands on the same footing as per order passed by the tate Administrative Tribunal in Madhukant Yadu i l, (Supra) and subsequentiy co firmed by the Supreme Court in Special Leave dream sent: gmaa, uW‘rmmivS/t 40--—~2/201 1—1 ,so,ooo. i i p r wpé>w ~Wrao/n Wm vi zoo ’WEWW (W) wmma; am$rf§ai$ mmm ,_Qr mm 1iém §wi§ma1m Petition (Civii) No.6892/93 by order dated 03/01/95, the petitioner may be entitied to same relief accordingiy. ; it ise ected from the Siate authorities to pass suitable order after due scrutiny of the facts. in View of foregoing, this petition is nnaiiy disposed off. Sd/— r Martindra Mohan Shrivastava Judge <1 > i i