5 IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P.LS.LNO . 75^/2011 PETITIONER ^v.% y^w-':'"...<-•" ^•:5B^^ ^^ ^^''-\^\\^~ ^-''^ Sudarshan Sidar S/o Sri Nandau Sidar, aged about 58 years, Headmaster, Posted at Adim Jati Balak Ashram Shala, Machida, Block Pusour District Raigarh (C.G.) ?^>'i-' ^" VERSUS RESPONDENTS 1.' State of Chhattisgarh Through : The Secretary, Tribal Welfare Department D.K.S. Bhawan, Raipur (C.G.) 2<r-' The Assistant Commissioner Tribal Welfare Department Raigarh, District Raigarh (C.G.) ^"" 3. The Joint Diretor Treasury Account and Pension Bilaspur ^ Division, Bilaspur (C.G.) 4. The District Education Officer, Raigarh Distt Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FQR ISSUANCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY QTHER WRIT OF LIKE NATURE ETC. HEQH COURT OF CHHATTiSGARH AT BILASPUR SB : HOW»BLEMR. W.P.tSj.NO. 7TT4/2011 PBTITIONBR RESPONDENTs Versiis Sud.arshan. Sidar- State of Chhattisgai'h 8r, Ofliers Shn Dhaiii Rani Patel, coiisisel for the petitioner. Shri Bhaskar P^'asi, P,L, for the State. WRIT PBTITION UNDBR ART2CLE 226 OF CONSTITUTION OF INDIA ORDER (16.12.2011) Grievance of fhe petitioner in the present petitioii is that the petitioner was appoio.ted as Assistaiit Teacher cn a fixed pay scale of Rs. 150 aiid after conipletion of probation, he was graiited regular payscaleofRs. 169-300. Contention of tlie coiinsel for the petitioiier is that he is entitled for regular pay scale with efiect from tJie date of m-itial appomtment aad his case is squarely covered with nuniber of decisions passed by this Coiirt aad also the judgmeiit rendered by tlie M.P. State Admmistratlve Tribuual, Jabalpur in O.A» N0. 2745/89 ^We^ihukant Ycsdu «&56 Others Vs. State ofM.P. & Qthers) where m it ha.s been held that simiSarly placed teachers are entitied for regular pay scale frora tbe date of theu* ixiitial appouitQient, It is not disputed by both tlie par'ties that tlie matter was teken up by tlie State to the Apex Court but the appeal was also disinissed by the Apex Court upholdmg the decision of the Tribunal to the effect tliat tlie Teachers/Assistaiit Teachers ai'e eutitled for regular pay scale froxn. the date of tlieir iaitial appoiatiaient. In view of the above subm.ission made by tlie counsel for tlie parties, the petitioii is disposed of in the same. terois i.e. tlie petitioner is granted Uberty to xnake a representatioxi, if so advised, ia ^^^ "^l^ "w..^ "^^3^ ^ tlie light of ttie aforesaid judgnient aiid the circular dated 5,1.2011 (Aiinexiire P/ 2) aiid iix tum, the concenied respondent is directed to consider tiieir case on its own laerits and in its perspective. If the petitioner staxids on tlie saiiie footing as per order passed by flie State AdiQLin.istrative Tribunal ia Madhukaot Yadn (supra) aad subsequently confiraaed by fhe Suprerae Court iii Special Leave Petition (Civil) N0. 6892/93 by order dated 03.01.95, the petitioner raay be entitled to same relief accordmgly. It is expected froin the State aufhorities to pass suiteble order after due scrutiBy ofthe facts. It is raade clear tliat this court has not expressed any opinion on tlie merits of fhe case aod tiie authorily conceraed would be at Kberty to decide tlie representation strictly hi accord-aiice with law. Sd/- Pritinker Diwaker Judge