-L: IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR_(C.G.) W.P. (S) N0. ^•^9 /2011 PETTTIONER ^^::.'.--.. ^.^^< ,<..^-:3.<'s',.....--\"i^ ^••" ...-"'^\A ^ <>--"' ^ RESPONDENTS : 1. b Smt. Asha Patre @ Asha Subodh, aged about 53 years, W/o Shri Lakhan Subodh, Upper Division Teacher, 6overnment Middle School Devrikhurd, Block Bilha, Distt. Bitaspur (C.G.) VERSUS State of Chhattisgarh Through Secretary, School Education bepartment b.K.S. Bhawan, Raipur (C.G.) The Director Public Instructions Raipur (C.6.) District Education Officer, BiJaspur, District-Bifaspur (C.6.) Block Education Officer Bilha, District- Bilaspur (C.G.) Joint birector, Treasury, Account Pension, Bifaspur, (C.6.) The Head Master, Government Middle School, Devrikhurd, BHaspur (C.G.) 2.^ WRITrcTTnON UNDER ARTICLE 226 OF THE CONSTETUION OF INDIA "z^ COURT OF CHHATTESGARH AT BILA8PUR SB : HON'BLB MR. JUSTICE PRITINKBR DIWAKBR W.P.ISS.NO. 7309^2011 PETITIONER RBBPONDBNTs Ve.rsus Smt.Asha. Patre ©Aslia Subodh State of Chhattisga.rh & •Ofhers Shri K.S,Pawar, coiinsel for the petitioner. Shri Praveen Das, Dy. G.A, for the State, WRIT PETITIQN UNDBR ARTICVB 226 OF THE CONSTITUTION OF IHDIA ORDER (16.12.2011) Grievaiice of the petitioner ni the present petition is tliat tbe petitioner was appointed as Assistaiit Teacher/TraiB.ee on a fixed pay scale of Rs. 100-150 and after corapletiou of probation, he was graated regiilar pay scale ofRs. 169-300. Contention of the counsel for fhe petitioner is that he is entitled for reg-iilar pay scale with effect from. the date of iDitial appomtiiient and her case is squarely covered witli number of decisions passed by this Coiirt aad also tlie judgment rendered by fhe M.P. State Admmistrative Tribunal, Jabalpur m O.A^ No. 2745/89 (aSc^ihukant TadM & S@ € hersVs^ State 0/M.P. & Othcrs) where iu it h.as been held thst simiEarly placed teachers are eDtitled for regular pay scale from the date of their Hiitial appointment, It is not disputed by both tlie parties that the matter was taken up by tlie State to the Apex Court but tlie appeal was also dismissed by the Apex Court upholding tlie decision of the Tribunal to tlie effect th.at the Teachers/Assistaiit Teachers are entitled for regular pay scale froiii the date of their iaitial appointmLeiit. In view of the above submission inade by the counsel for the parties, the petitioi^ is disposed of ia tiie same tenns i.e. tlie petitioner is graiited liberty to make a representation, if so advised, iii 1 fc3BI ^ I J ^ :^^ J^ the Ught of the aforesaid judgm-ent aud the circular dated 5.1.2011 (Annexure P/2) aad ia tiim, the concero.ed respondent is directed to consider theii' ca.se on its own nierits aa.d ia its perspective. If the petitioner staiids on fhe saiae footing as per order passed by the State Admmistrative Tribiina! in Madhukant Yadu (supra) and subsequently coufiroied by the Supreine Court. ui Special Leave Petition (Civil) N0. 6892/93 by order dated 03.01.95, fb.e petitioner may be entitled to sarae relief accordingly. It is expected froni the State authorities to pass suiteble order after diie scrutiny ofthe facts, !t is inade clear tbat this coxirt has not expressed any opin-ion on the nierits of the case aad fhe authority concemed wozild be at liberh^ to decide tl:i.e representation stnctly io accordaace witli law, Sd/- Pritinker Diwaker Judge