SINGLE 3£N£H IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR wRIT pETITION (S) No. éé2é /2o11 WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PETITIONER K Yakub Tirkey S/o Shri Thomas Tirkey aged about 61 Years occupation Head Master Govt. Middle School Khuntapani, Block- Patthalgoan Distt. Jashpur Nagar (C.G.) VERSUS RESPONDENTS: 1f State of Chhattisgarh /, Through Secretary, Tribal Welfare Department, D.K.S. ,Bhawan, Raipur, (C,G.) 2f” Assistant Commissioner, Tribal Welfare Department, Jashpur Nagar Distt. /' Jashpur. Nagar (C.G.) 3. Block Education Officer Block— Patthalgoan Distt. Jashpur Nagar (C.G.) HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER w.p.gsy.no. 6626/201 1 PETITIONER Yakub ’I‘irkev VCI‘SuS RESPONDENTS State of C.G. 8r. Others Shn' AxiJl Mouxya, counssl for 1116 petitioner. Shn' N.Naha Roy, P.L. for the State. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (14.11.2011) Gn'evance of the petitioner in the present petition is that the petitioner Was appointed in the year 1976 as Assistant Teacher on a fixed pay scale of Rs. 100 for a period of one year and thereafter in the year 1977 on a fixed pay scale of Rs. 150 for a period of one year. After completion of probation, in the year 1978, he was granted regular pay scale of Rs. 169—300. Contention of the counsel for the petitioner is that he is entitled for regular pay scale with effect nom the date of mmal 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 (M’adhukant Yadu & 56 Others Vs. State ofMJ’. 8a Others) where in it has been held that similarly placed teachers are entitled for regular pay scale from the date of their miual 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 edect 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 paxties, the petition is disposed of in the same tenns Le. the petitioner is granted liberty to make a representau'on, if so advised, in the light of the aforesaid judgment and the circular dated 5. 1.2011 (Annexure P/ 2 ) and in tum, the concerned respondent is ditected to consider his case on its own merits and in its peispective. If the petitioner stands on the same footing as per order passed by the State Administrative Tribunal in Madhukant Yadu (supra) and subsequently coniirmed by the Supreme Court in Special Leave Petition (Civil) NO. 6892/93 by order dated 03.01.95, the petitioner may be endtfed to same relief accordingly. It is expected nom the State authorities to pass suitable order after due scrutiny 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 3‘ Judge i r r i mnmmx m x V