2- ^^iiSta^utsLu. Lj/ C^-ltfS fc' IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .0 WRIT PETITION (S) N0.' "L" /2006 ^\ ^ -^^ PETITIONER f>^' A^"^> ^.y^ Shree. Pramod Kumar Vaishnava S/o shri.,R.K.Vaishnava age, 44years y''nY\-" U'''" Presently working as Asst.Teach.er t0'" ? /"^iy <°•"''" ':; v.f^^y ^p-' ^'"^y^ ,as?-^> In Taranga, middle school Bhatapara, Disst. Raipur (C.G) RESPONDENT ...,...^" J-- State of Chattisgarh Through -Secretary f Deptt. Of Education Mantralya D.K-S.bhawan, Raipur.(C.G) <-2. District Education Officer, Raipur, Distt. Raipur, Chattisgarh. 3. Block Education OfEcer, Bhatapara, Distt. Raipur Chattisgarh WRIT PETETION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OFMANDAMUS, CERTIORARI ETC. XI-HC-78 MWCTT ^*f|cfi 3^ •<ii<iici<), aTfl.wis, [sjdiuy t^.U.P..^:.^2M>.f..^ 200^ 3TI^?T iiacn (i^cji^csj^liT) sn^TqiTf^riq; awsn^rshii'* ^arwgfN'an^T 02.01.2007 Shri Vinod Deshmukh and Shri Ms. Sunita Jain PL for the resp Petitioner is working as Teach^r his service as Teaoher, he has obtai^ before 1.3.1999. According to learned counsel f(| advance increments in view ofthe decl qil<lffl41-< HI*«-lTfftelfl'<Rf+<il< ^STf^ITSn^T |Vivek Verma counsel for the petitioner. bndents/State. in Government School. In the course of i|ied B.Ed. oertificate at his own expenses ir the petitioner, petitioner is entitled to two sion of this Court in the case of Yashwant Kumar Bharadwai Vs. Municipal cok'Doiation, Dura and another reported in 2006 (21 MPJR - CG 96 wherein it| has been held that the teachers having obtained B.Ed., M.Ed., BTI certificates] at their own expenses are covered by the circular dated 24.12.1998 issued by th 3 State Government of Madhya Pradesh. Further in the matter of Smt. lanorama Shrivastava Vs. State of M.P. and others reported in 2TOO (1) IVIPLSR 136, the Madhya Pradesh Administrative Tribunal, Gwalior 1.3.1999 wherein it is provided thatj degree at their own cost between 23| two advanoe inorements, relied on th| Shrivastava Vs. State of Madhya Application No. 1632/1999 decided on| teacher may be Assistant Teaoher, 1.3.1999 is entitled to twa advanced in It is pointed out by the learneitl the then state of Madhya Pradesh haif |ch while oonsidering the circular dated the teachers who have acquired B.Ed. 110.1964 and 7.5.1973 shall be entitled to ^ deoision in the case of Rakesh Kumar pradesh and othere passed in Original 12.10.1999 wherein it is observed that the ciroular dated 1.3.1999 oannot be rfnade applicable retrospecth/ely. Thus, a who has obtained B.Ed, degree before brements. counsel appearing for the petitioner that filed a Special Leave Petition against the XI-HC-78 *ll*1<tT?b*n^» TSI riii<ii<n<i, gTflti'ie, Ridltiy ...^..%;.n^./.. ¥R; 2006 3<l^i iaw ('i?'^^^.'''') 3ti^?r^r,fera7 traT3n^Ts»>*< <\-/ ^ v\ ?^rrW;H)?cT3TI^T -2-^- etll<lfd41-l 111tlT?fel3'<Rl<-lil< ^sri^iran^r ordere passed by the Tribunal and tl-je Hon'ble Supreme Court dismissed the Special Leave Petition No. 1999/200p flled against the order of the tribunal. Therefore, the direction to the effect tlhat the cjrcular dated 1.3.1999 cannot be made applicable retrospectively, pass^d by the Tribunal, becomes final and the same shall be applicable to all the [Assistant Teachers, who have obtained B.Ed./BTI certificates before 1.3.19991 It is further substantiated by a oircular dated 17.10.2003 issued by the pres^nt State of Madhya Pradesh wherein the circular clearly states about the decisio) Learned counsel for the petit| question of law involved in the presen) by the decision of this Court in the ca^e to which learned oounsel appearing fo(| agrees with the averments made by le^i It Aocordingly, the writ petition i^ Couri: in the matter of Yashwant Kuantir fact as .to whether the petitioner hs|s expenses as per the ciroular dated 24.} he has been paid two advancejncrem^nts ^ ofthe Hon'ble Supreme Court. bner further submits that the facts and case of petitioners are squarely covered of Yashwant Kumar Bharadwaj (supra) ' the respondent/State fairly concedes and Irned counsel appearing for the petitioner. allowed in terms of the decision of this Bharadwaj subject to verification of the s aoquired B.Ed. certificate at his own 12.1998 and 1.3.1999 and further whether or not. No order as to costs. "€^' ^ ..^y ^ P.T.O.