»- IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 5^0^/2011 PETITIONER . Smt. Aktibai Shriwas Wd/o Late Buddhu Rara Shriwas aged about 56 Years R/o Village Guchkuliya Post- Tushar Block-Jaijaipur, Distt, Janjgir - Champa (C.G.) VERSUS v<^> e^* a ^ ^%>^^ •\6.^^: ^0-" RESPONDENTS: 1: State of Chhattisgarh Through Secretary, Department of Education Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) 2. The District Education Officer, Disfrict Janjgir- Champa (C.G.) 3^' Block Education officer Block^ Jaijaipur, Distt. Janjgir - Champa (C.G.) 4. Joint Director, Treasury, accounts 8s pension Bilaspur, Distt. Bilaspur (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA "8k In 'tsv""y p HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HON'BLE MR. JUSTICE PRITINKER DIWAKBR PETITIONER RESPONDENTS W.P.fSI.NO. 5808/2011 Sint Akti Bai Shriwas versus State ofC.G. & Ofhers Shri Ashwini Shulda, couiisel for fhe pctitioner. Shri N.Naha Roy, P.L. for the State. WRIT PETITION UNDER ARTICLE 226 OP THB CSOKSTITUTION OF IKDIA ORDBR (28.09.2011) Grievaace of fhe petitioner in the present petition is fhat fhe petitioner is the widow of late Buddhu Ram. Shriwas who was working as Assistant Teacher aad died on 12.5.2010. According to the petitioner, her husband was entifled to get fhe benefit ofregular pay scale fi'oiu fhe date ofhis uutial appointtnent. Contention of the couasel for the petitioner is that fhe case of the petitioner is squa-ely covered with number ofdecislons passed by this Court aad also fhe judgment rendered by the M.P. State Admiaistrative Tribunal, Jabalpur in 0»d.No. 374S/89 (SStoShu.leewt Yadu. & 56 Others Vs. Stute ofJO.P. Ss Otfters^where in. it has been held that simitarly placed teachers are entitled for regular pay scale fioin fhe date oftheir uutial appointment. It is not disputed by bottt ttie parties that the matter was taken yp by the State to fhe Apex Court but the appeal was also dismissed by fhe Apex Court upholding the decision offhe Tribiuial to the effect that the Teachers/Assistant Teachers are entifled for regular pay scale Srom. the date of their initial appointinent. In view of the above subinission made by fhe coiinsel for fhe pardes, fhe petition is disposed of in the same terms i.e. fhe petitioner is graated Uberty to make a representation, if so advised, ia /£ fhe Ught of the aforesaid judgineat aad fhe circular dated 5.1.2011 (Annexure P/2) aad ui tuni, fhe concemed respoadeat is directed to consider their case on its own inerits and in its perspective. If the petitioner staads on the sanie footiag as per order passed by the State Admmisteative Tribunal iu Madhukant Yadu (supra) and subsequentty confinaed by the Supreme Court ia Special Leave Petition (CiwU) N0. 6892/93 by order dated 03.01.95, fhe petitioner inay be entitied to same reUefaccordiagly. It is expected finiu the State authoritics to pass suitable order after due scruttay of fhe facts. It is inade clear fhat fhis court bas not expressed any opnuon on the uierits of the case and fhe aufhorily concemed wotild be at Uberty to decide fhe representation strictly iu accordan.ee vrifh law, Sd/- Pritiiiker Diwaker Judge