i ”35. J‘rw q’t’“ r r «MMM _ 3/ 643‘ \oo} @ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. (S) No. (5‘2/33/ /2011 PETITIONER # Punaram Dhruv S/o Shri Samund Singh Dhruv, aged about 59 years, Occupation Service, Posted as ‘Head Master Primary School Bagharra, Block Lormi, District Bilaspur C.G.' VERSUS RESPONDENTS , 1. State of C.G. through the Secretary School Education Department , DKs WW Bhawan Raipur, C.G. 2. The District Education Officer, Bilaspur, District Bilaspur C.G. 4/5\\ /3. The Joint Director Treasury and Pension, Bilaspur, District Bilaspur C.G. .‘WRIT‘ PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUE OF AN IN THE NATURE OF MANDAMUSICERTIORARI ETC. OR DIRECTIONIORDER IN THE LIKE NATURE ETC. APPROPRIATE WRIT Q \ % HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER w.P.gS).No. 629512011 PETITIONER Punamm Dhruv V€rSuS RESPONDENTS State of C.Gr. 8a Others Shri Rakesh Pandey, counsel for the peu‘tioncr. Shri A‘N. Shridhar, P.L. for the State. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (21.10.2011) Grievance of the petitioner in the pmsent petin‘on is that the petitioner was appointed as Deputy Teacher on a fixed pay scale of Rs. 100 for a period of two years and after completion of probation, he was granted legular pay scale of Rs. 169—300. Contention of the counsel for the petin'oner 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 'Administxative Tribunal, Jabalpur in 0A. No. 2745/89 (.Madhukaut Yadu & 56 Others Vs. State ofMP. & Others) Where in it has been held that similarly placed teachers are enn'tled for regular pay scale from the date of their initial appoinmlent. 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 eh‘ect that the Teachers/Assistant Teachers are entitled for regular pay scale from the date of their 1mt1al 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 is granted liberty to make a representation, if so advised, in % the light of the afomsaid judgment and the circular dated 5.1.2011 (Annexure P/ 2 ) and in turn, the concerned respondent is directed to consider his case on its own merits and in its perspecn‘ve. 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 authorih‘es 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. i l . Sd/- l Pritinker Diwaker Judge J