ct? f66% $mgm Emma CD 1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR w. P. (S) No. 5M)? OF 2011. PETITIONERS‘ :rl. Jamwant Patel; - S/o. late Shri Sarahu Ram Patel, aged about 55 years, Upper Division Teacher, Govt. Middle School Keshla, Block Tilda, District Raipur (c.G.) 2. /'Manharan Lal Verma, S / o. Shri Punau Ram Verma, aged about 51 years, Upper Division Teacher, Adarsh, Govt. Middle School Tarashiv, Block Tilda, District Raipur (C. G.) 3. /N[ahesh Kumar Bairahat, S / o.Shri Thanwar Das Bairahat, agedvabopt 5'7 years, Teacher, Govt. Primary School Konari, Block Tilda, District Raipur «ft, co. ) 4. Jagdish Prasad Sahu, S/o. Shri Jularam Sahu, aged about 53 years, Head Master, Govt. Primary School Sirave, Block Tilda, District Raipur (C. G.) W” ..... J Chinta Ram Verma, S/o. Shri Sonsai Verma, aged about 52‘years, Upper Divisioh Teacher, Govt. Middle School B.N.B. Navra, Block Tilda, District Raipur (C.G.) VERSUS RESPONDENTS :1. /§tate of Chhattisgarh, Through : The Secretary, School Education Department D.K.S. Bhawan, Raipur (C. G.) w” District Education Officer, Raipur, District Raipur, (C. G.) 7 Block Education Officer, Tilda, District Raipur, (C. G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Lté HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ P¢tition (S) No” 5087 of mu PETITIONERS Jamwant Patel and others VER$US Shri Somkant Verma, counsel for the petitioners. Shri A. V. Sridhar, P.L. for the State. WRIT PETITION UNDER ARTELE 226 OF THE CONSI’ITUTION OF mDm 0 R D € R (12.09.2011) Grievance of the petitioner in the present petition is that the petitioner was appointed as Deputy Teacher on a fixed pay scale of Rs. 100 and after successfully completing the probation period, he was granted regular pay scale. 2. Contention of the learned counsel for the petitioner is that he is entitled for regular pay scale with effect from the date of initial 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 (Madhukant Yadu & 56 Others Vs. State of M.P. & Others) wherein it has been held that similarly placed teachers are entitled for regular pay scale from the date of their initial appointment. 3. 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 RESPONDENTS State of Chhattisgarh and others 49L ,1.” Teachers are entitled for regular pay scale from the date of their initial appointment. 4. In viewof the above submission made by the counsel for the parties, the petition is disposed of in the same terms i.e. the petitioner is granted liberty to make a representation, if so advised, in the light of the aforesaid judgment and the circular dated 05.01.2011 (Annexure P-6) and in turn, the concerned respondent is directed 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. 5. It is expected from the State authorities to pass suitable order after due scrutiny of the facts. 6. It is made clear that this court has not expressed any opinion on the merits of the case and the'authority concemed Would be at liberty to decide the representation strictly in accordance with law. Sd/— Pritinker Diwaker Judge