lN THE HIGH COURT OF‘CH ATTISGARH AT BILASP'UR" (C WRIT PETITION (S) No. (aw? 12006 WRIT PETITION UNDER ARTIE 226 OF THE CONSTITUTION OF INDIA PETITIONER Mohan Lal Nayak (B.Ed.), aged about; 41 years, son of Shri Chandrabhanu Nayak, Assistaht Teacher, Government Primary School Charbhatha, Vikas Khand Gharghora, District Raigarh (CG) VERSUS State of Chhattisgarh, through f e Secretary, Department of Tribal Welfare, Dau Kalyan Singh Bhawan, Raipur (C.G.) 2. Assistant Commissioner, Raigarh (CG)/ RESPONDENTS 1. G CL XI—HC—78 @ EW,W€,W C5M2.£&.?.?.. {a 20M WW (WW) mwm WWW WWW WW#WW éamm /’l 11.12.2006 the petitioner. Smt. Anju Ahuja G,A. forthe The petitioner is working as School. in the course of his 5e Nice as Assistant Teacher, the petitioner has obtained B.Ed. certiticate at his own expenses before 1.3.1999. According to learned couns entitled to two advance increments in the case of Yashwant Ku orted in zoos 42) MPJR — cG 96. corporation. Durg and another re This Court in the case of Yashwan Corporation, Durg and another (sulpra), came to the conciusion that Ed./B.T.l. Examination Certificate the teachers. who had obtained B on their own expenses, are covere by the circular dated 24.12.1998 adhya Pradesh. issued by the State Government of Further in the matter of smt. Manorama Shrivastava Vs. State of MP. and others report 3d in 20W (1) MPLSR 136, the Madhya Pradesh Administrative Tribunal, Gwalior Bench while P.T.O. Shri A.N. Bhakta, counsel for ‘espondents!State. Assistant Teacher in Government ei for the petitioner, petitioner is n View of the decision of this Court at ar Bharadwa‘ Vs. Munici Kumar Bharadwaj Vs. Municipal XI—HC-78 \$ ‘HW,W,W mama? o W(.é.2.c.9;z:a... Hi 200 c WW(W)> anéswrm mmm ‘ mmfffg‘irm mwm I ' %3T%uran%31 considering the circular dated 1.3.1999 wherein it is provided that the Assistant Teachers who have ac ired B.Ed. degree at their own cost q between 23.10.1964 and 7.5.197 shall be entitled to two advance increments, relied on the decisi n in the case of Rakesh Kumar Shrivastava Vs. State of Madh a Pradesh and others passed in Original Application No. 1632/199 decided on 12.10.1999 wherein it is observed that the circular ted 1.3.1999 cannot be made a applicable retrospectively. Thus, a teacher may be Assistant Teach er, who has obtained B.Ed. degree before 1.3.1999 is entitled to two advanced increments. It is pointed out by the l arned counsel appearing for the petitioner that the then State of adhya Pradesh had tiled a Special Leave Petition against the orde passed by‘the Tribunal and the r Hon’ble Supreme Court dismiss d the Special Leave Petition No. 1999f2000 tiled against the ord r of the tribunal. Therefore, the direction to the effect that the circ lar dated 1.3.1999 cannot be made applicable retrospectively, passed by the Tribunal, becomes final and the same shall be applicable to al the Assistant Teachers, who have obtained B.Ed./BTI certificates. before 1.3.1999. lt is further P.T.O. XI—HC-78 WWW wmm WWW WWEWW éawm H 11.10.2003 issued by the present the circular ciearly states about the substantiated by a circutar dated State of Madhya Pradesh wherein decision of the Hon’ble Supreme C :urt. ioner further submts that the facts Learned counsel for the pet' and question of law involved in he present case of petitioner are squarely covered by the decision o this Court in the case of Yashwant Kumar Bharadwaj (supra) to whic learned counsel appearing for the respondent/State fairly concedes and agrees with the averments made by learned counsel appearin for the petitioner. Accordingly, the writ petitio is allowed in terms of the decision of this Court in the matter of Yas want Kuamr Bharadwaj subject to verification of the fact as to whether the petitioner has acquired B.Ed. per the circular dated 24.12.1998 certificate at his own expenses as and 1.3.1999 and further whether he has been paid two advance increments or not. No order as to c osts. Sd/- Dhirendra Mishra Judge P.T.O. H W , W , W Wmsooo Mu) .ccc.«cog.g.ia. HE 200 ¢ Wm (W) i