PETITIONERS g CD $§mg§a€e @mm Hari Singh Dhruw, S/o. late Shri Kodu Ram Dhruw, aged about 61 years, Upper Division Teacher, Govt. Middle School Dhaurabhata, Block Narharpur, District Kanker (C.G.) Dev Singh Markam, S/o. late Shri Baliyari Markarn, aged about 56 years, Head Master, Govt. Middle School Kural-dhemali, Block Narharpur, District Kanker (cc) Vishram Singh Nareti, S/o. late Shri Girdhari lal Nareti, aged about 56 years, Head Master, Govt. Middle School Baijanpuri, Block Baderajpur, District Bastar (C.G.) Vishwanath Bhaskar, S/o. late Shri Dhirju Ram Bhaskar, aged about 54 years, Head Master, Govt. Girls /, C/{eufQ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. s No. éQée OF 2011. /:1. Aashram Palewa, Block Charama, District Kanker (C.G.) Bahaéwlal—QWM, ' LDhxu'wW l/ ,V ' wv VERSUS / :Jl. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) / 2. Assistant Commissioner, Tribal Welfare Department, Kanker, District Kanker (C.G.) 3. Assistant Commissioner, g1 Tribal Welfare Department, Jagdalpur, District Bastar (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA The petitioners named above beg to submit as under:- -, ii Wmwnrhwr, r r mgmmIyMm ,_ _. g? HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER W.P.{S].NO. 6266/2011 PETITIONERS Hat-i Singh Dhruw 8c. Others VCISllS RESPONDENTS State of C.G. 8o Others Shn' Somkant Verma, counsel for the petiu'oners. Shri§umesh Bajaj, G.A. for tht: State] respondents. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 01mm (20.10.2011) Grievance of the petitioners in the present petiu‘on is that the petitioners were appointed as Deputy Teachers on a fixed pay scale of Rs. 100—150 for a period of two yeaxs and after completion of probation, they wele granted regular pay scale of Rs. 169-300. Contention of the counsel for the petitioners is that they are entitled for regular pay scale with en‘ect from the date of initial appointment and their case is squarely covered with number of decisions passed by this Court and also the judgment rendered by l the M.P. State Administrative Tribunal, Jabalpur in O.A. N0. 2745/89 (Madhukant Yadu & 56 Others Vs. State of M.P. 65 Others) where in it has been held that similarly placed teachers are entitled for regular pay scale nom the date of their Initial 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 ed‘ect 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 parties, the petition is disposed of in the same terms i.e. the mmwmm m petitioners am granted liberty to make a representation, if so advised, in the light of the aforesaid judgment and the circular dated 5. 1.2011 (Annexure P/S ) and in turn, the concerned respondent is directed to consider their 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 Comt in Special Leave Petition (Civil) NO. 6892/93 by oxder dated 03.01.95, the pen'tioner may be entitled to same relief acooldingly. It is expected from the State authorities to pass suitable order after due scrun'ny 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 Judge 1