EWLE E§E§i€‘ ®% IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CG) WRIT PETmON (S) No.6 7:38 /2006 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PETITIONER Sahasram Naurange (B.T.l. /B.T.C.), aged about 36 years, son of Sh’ri Dharam Singh Naurange, Assistant Teacher, Government Primary School - Chhote Aamakoni, Vikas Khand“ Baramkela, District Raigarh (CG) VERSUS RS ESPONDENT / «‘i"»*r A w State of Chhattisgarh, through / — Secretary, Department of Tribal Welfare, Dau Kalyan Singh Bhawan, Raipur (C.G.) 2. , Assistant Commissioner, Department of /' Tribal Welfare, Raigarh (CG) XI—HC—78 HW,WW,W Wm 1A; €g§4§§2 . .€%2 $. Ha 200 e WW<W) wmm mwm WW wW %;3T%wan%w 11.12.2006 Mr. AN‘ Bhakta, counsel for the petitioner. Ms. Sunita Jain, P.L. for the res:pondentsl8tate. The petitioner is working as Assistant Teacher in Gwernment School. in the course of his service as; Assistant Teacher‘ the petitioner has obtained B.T.I.IB.T.C. certificate at his According to learned counsel ft two advance increments in View of th Yashwant Kumar Bharadwg‘ Vs. another reported in 2006 1g) MPJR Yashwant Kumar Bharadwaj Vs. Mur (supra), came to the conclusion th B.Ed./B.T.l. Examination Certincate om their own expenses. are covered by by the State Government of Madhya town expen ses before 1.3.1 999. )r the petitioner, petitioner is entitled to e decision of this Cowt in the case of Municipal corporation: Dag and — CG 96 This Court in the case of Iicipal Corporation, Durg and another at the teachers, who had obtained the circular dated 24.12.1998 issued Pradesh. Further in the matter of Smt MP. and others reported in W Administrative Tribunal, Gwalior Benc 1.3.1999 wherein it is provided tha acquired BEd. degree at their own cr shall be entitled to two advance incr case of Rakesh Kumar Shrivastavz others passed in Original Application l wherein it is observed that the circL applicable retrospectively. Thus, a tez has obtained B.Ed. degree before 1 increments. Manorama Shrivastava Vs State of l) MPLSR 136, the Madhya Pradesh h while considering the circular dated t the Assistant Teachers who have )st between 23.19.1964 and 7.5.1973 ements. relied on the decision in the i Vs. State ofMadhya Pradesh and 40; 163201999 decided on 12.10.1999 Iar dated 1.3.1999 cannot be made icher may be Assistant Teacher, who 3.1999 is entitled to two advanced P.T.O. XI—HC—78 E W , W , W Wm Wi‘S’Qgéiig... a1 200 4 mmaaiaaw) m a m m ‘ a m m m mwm WW§WW %an'%wan%w lt is pointed out by the learne( that the then State (3f Madhya Prade: against the order3 passed by the Trib dismissed the Special Leave Petition of the tribunal. Therefore. the directio 1.3.1999 cannot be made applicable re becomes linal and the same shall Teachers, who have obtained B.Ed.fl further substantiated by a circular dat State of Madhya Pradesh wherein the circular clearly states about the decision ofthe Hon’ble Supreme Court er further submits that the facts and question of iaw involved in the pre ent case of petitioner are squareiy covered by the decision of this Co it int the case of Yashwant Kumar Bharadwaj (supra) to which respondent/State fairly concedes and teamed counsel appearing for the petit Accordingly, the writ petition i this Court in the matter of Yashwant KI of the fact as to whether the petitione at his own expenses as per the circule further whether he has been paid two as to costs. _Sd/- Dhirendra Mishra l counsel appearing for the petitioner ;h had tited a Special Leave Petition unai and the Hon’ble Supreme Court \lo. 199912000 med against the order 1 to the effect that the circular dated :trospectively, passed by the Tribunal, be applicable to all the Assistant 3Tl certificates before 1.3.1999. It is ed 17.10.2093 issued by the present Learned counsel for the petiti the agrees with the averments made by Onel‘. s allowed in terms of the decision of iamr Bharadwaj subject to veritication ' has acquired B.T.i.lB.T.C. certificate r dated 24.12.1998 and 1.3.1999 and advan ce increments or not No order lea ned counsel appearing for Judge P.T.O.