IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W\P.(S) No. L{^5'2—QF 2011. PETITIONER ^^·^ ^^'L^ <t<v^^^1 >/-"'?.<'.A"? /•"A""^ .^"y ^>-"' Sadanand Panda, S/o. late F'urandar Panda, aged about 56 years, Head Master, Govt. Primary School Harratar, Block SaraipaU, District Mahasamund (C. G.) ^^ ^" RESPONDENTS VERSUS :1. State of Chhattisgarh, Through : The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C. G.) 2. District Education Officer, Mahasamund, District Mahasamund (C. G.) 3. Block Education Officer, Block Sarailpali, District Mahasamund (C. G.) WRLT PETITI01LUNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^} COSRT QF CKHATTISQARH AT BILASPUR iTIfi S^ifgiiT'yi °£wS.S.&. aiiajida Pand. State ofC.G. & Otiicrs U'&K. .' Shri D.R.Patel, counselibr the peTitioner. Shri Yash-waiit Singh Thakui, Dy.A.G. for fh.e Staie. (27.08.2011S Grievaiice of th.e petitioner ia ftie present petition is that tlie peationer was appouited as Assistant Tescher on a fixed pay scaje of Rs. 100-150 for a period of two years and a'tter coiEpletion of probatiou, he was graa.ted regulai- pay scale ofRs. 169-300. Conteii.tion oftlie couiisel ibr the Dctitioner is that he is entirled for regular pay scale with effect tToia the date of iQitial appointiaeat aad liis case is squarely covei-ed w.ith nuiaber of decis.fon.s passed by this C»urt aad also the judginent rendered by the M.P. State Admimstrativc Tribun.il, Jabaipur m 0»A.Xo. 2745/S9 {SSwS.hv.kem.t Ya&v. & 56 Qthers 7s. State afM.P. Ss Others^ where in it aas been held tliat simuarly placed teachers are entitlecl for regular pay sca'e fi~oza the date of tlieir initial appointEient, fil It is not disputed bv both tlie vaxties that the Es.atter was talsen up by the Sta.tc to the Apex Co-i.u-t biit tlie appeal was also dism.issecl 'by the Apex Court up'tiolding ftie decision of fhe Tribunal to tlie effect that fhe Teachers/'Assistant Teachers are en'titled for regular ps.y scale froin the date of their iGitial apDointiaeat. ; ..•f--'»A %^ :"liil^ i'j^k.. "' a y s tB'.^r-''?' '"*e^:i?-s")>^" ^r-l^ la. view of t&e above subinission laade by ttie counsel for the. parties, ttie petttion is disposed of i& the saine terms i.e. tlie petitioaer is gianted liberty to m.ake a representation, tfso ad'/ised, iu tae light of tbe aforessid judgEient and the circular dated 13. l.2009 & 11.1.2011 {Alinexrire P/2) atid in. tiim, ffa.e concemed respc.r>dent is directed to consider tbeir case on its own merits and iii its perspective. If t&e petitioaer staiids on the saaie footmg as per order passed by the State Admiaisteative 'Tribuiial sn Madliukaat Yadu (suprs) and siAsequenfly coiuirmed by the S'upreine C-ourt iix Special Leave Petitioa (Ciyil) N0. 6892/93 by order dated 03.01.95, fhe petitioii.er may 'be entifled to sanie relief accordingly. It is expected froni fhe State autuorities'to pass suitable order afier due scrutinv of the facfc's, It. is made clear ttiat fais court has not expiressed any opiiuon on fhe inerits of tb.e, ca.se and fb.e aut.bority concemed wouJd 'bc at to decide the representation s'irictly iii accordaace witti law. Sd/- i Pritiitker Diwaker /-^