j , g S g ,.?'-EI .3 R'.a Wtl-;U:..'^ c IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(S). M0.6 7o 6/2006 PETITIONER Upendra Nath sahu Ageabout48year, S/o Shri Keju Ram Sahu Asstt. Teacher, Middle School Telashi Block-Palari, Dlstt. - Raipur (C.G.) VERSUS RESPONDENT 1. .c^° -c0<"1 ^^^*" ^•&-°" cu: 2. State Govt. ofChhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) District Education Officer Raipur, District-Raipur(C.G.) Block Education Officer Palari, District-Raipur(C.G.) ^ WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTIONOF INDIA Petitioner most humbly submits as under:- 3. XI-HC-78 Hl*1dl iEhST^l 'S^^W^S, ®TflH'].6,Rjcflti^< L^.P..^.~7.t>.L!.b&. /.B'-.^- 200 ;i3TI^?T lach ('jqt^qqdT) Sfl^T^ir^TsE (WSn^Tsbtli* BTBTWHfer-BT^T 07.12.2006 Shri Somkant Verma counsel Shri Somesh Bajaj GA for. the Petitioner is working as Teach^ his sen/ice as Teaoher, he has ,obta|ined before 1.3.1999. ; Acoording to learned counsel advance increments in view ofthe defc Kumar Bharadwaj Vs. Munlcipal 2006 (2) MPJR - CG96 wherein obtained B.Ed., M.Ed., BTI certificate^ ciroular dated 24.12.1998 issued Further in the matter of Smt. and others reported in 2000 () Administrative Tribunal, Gwalior 1.3.1999 wherein it is provided th^t degree at their own cost between 2~\ two advance inorements, relied on t| Shrivastava Vs. State of Madhya Applioation No. 1632/1999 decided of circular dated 1.3.1999 cannot be teacher may be Assistant Teacherj 1.3.1999 is entitled totwo advanced i( It is pointed out by the learn^d the then state of Madhya Pradesh h^d ordere passed by the Tribunal and 'hKlln'ifl-l >(Wdl ffte^t'<.(al^l<. ^•sf^R'sn^r 'or ttte petitioner. respondent/State. r in a Government School. In the couree of B.Ed. certificate at his own expenses for the petitioner, petitioner is entitled to two iision of this Court in the oase of Yashwant c^rporation, Durg and another reported in has been held that the teachers having at their own expenses are covered by the Government of Madhya Pradesh. by tl|)e State IIVIanorama Shrivastava Vs. Steite of M.P. I) MPLSR 136, the Madhya Pradesh ^ench while considering the cjreular dated 4t the teachers who have acquired B.Ed. M 0.1964 and 7.5.1973 shall be entitled to ie decision in the oase of Rakesh Kumar IPradesh and othere passed in Original 12.10.1999 wherein it is observed that the |made applioable retrospectively. Thus, a who has obtained B.Ed. degree before (icrements. counsel appearing for the petitioner that filed a Special Leave Petition against the |:he Hon'ble Supreme Court dismissed the XI-HC-78 3^'HTPTRra', ®AM'16,RlMltiy .t' •.. • ' yitlMI shtiith •^•^••^••o--s'-l-t>-6^200 aTI^Tq^W (t^3SR?T) — 1. a.n^T^irR-ii* tWT3n^Tih1 STtITW Hfer 3[I^?T Special Leave Petition No. 1999/20QO Therefore, the direction to the effect made applicable retrospectwely, pass^c same shall be applioable to all the| B.Ed./BTI certificates before 1.3.1999. dated 17.10.2003 issued by the pres^r oircular clearly states about the decisic(n Learned ocunsel for the question of law involved in the presenl the decision ofthis Court in the case whioh learned counsel appearing for agrees with the averments made by Acoordingly, the writ petition Court in the matter of Yashwant Kuaitir fact as to whether.the petitioner he expenses as per the ciroular dated 24j he has been paid two advance increm^ 'bl^Icl'ifl'f ITFRff ff fS^S <R|^I< ^3ff^lT3T[^T filed against theorder of the tribunal. hat the circular dated 1.3.1999 cannot be sd by the Tribunal, becomes final and the Assistant Teachere, who have obtained I. It is further substantiated by a cireular ant State of Madhya Pradesh wherein the of the Hon'ble Supreme Court. peti(ioner further submits that the facts and case of petitioner are squarely covered by |of Yashwant Kumar Bharadwaj (supra) to |the respondent/State fairly concedes and te^rned counsel appearing for the petitioner. te allowed In terms of the decision of this Bharadwaj subject to verifioation of the ^s acquired B.Ed. certificate at his own 112.1998 and 1.3.1999 and further whether fcnts or not. No order Sd/- Dhirendra Mishra Judge P.T.O. y \^s