IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NOqlg}OF 2011 PETITIONER / Ashwani Kumar' Kan’r 5/0. Shri Bahoran Kan’r, aged abouf 42 years, Working as Head Masfer, Govt. Primary School Bhalpahri, Block Podi—Uproda, Dish‘. Korba (C.G.) VERSUS RESPONDENTS / 1. Sfa‘re of Chha‘l‘fisgarh, Through Secrefor‘y, Tribql Welfare Depar‘rmenf, D.K.‘$. .Bhawon, Raipur (6.6,) /2. Commissioner, Tribal Welfare Deparfmen‘r, Raipur, DisTT. Raipur (CG) 3. Assisfam‘ Commissioner, Tribal Welfare Deparfmenl, Korba, DisTl. Korba (CG) Join’r Direc’ror, Treasury, accounfs, pension, Bilaspur District Bilaspur (C.G.) 5- Block Educaiion Officer Podi- Uproda, Disff. Korba (CG) @ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA @ 200 2mm (W) WWW ammamia; WWW mm WW anima‘né“ S.B.‘ HON’BLE MR. JUSTICE PRITINKER DXWAKER 03.08.201 1 Shri Amit Kumar, counsel for the peh'tioner. Shn' N.Naha Roy, P.L. for the Stats. Counsel for the petitioner submits that the petitioner is entitled to bandit of two advance incmments on account of he having passed B.T.I. examination in the year 1993 before his appointment at his own cost. It is submitted that the issue involved in the present petition is no longer res integra and the same has been hally decide by the Hon’ble Supreme Court in the case of Asha Saxena . state of M.P. & Ors. 2009 (unmma (so) 59. It is fulther submitted that this Court has also taken a similar view in its order date 6.22.009 passed in W.P.(S) No. 6257/2008. Counsel for the petitionexs further submits that the order dated 29.4.20 passed, in Writ Appeal NO. 124/2009, Whetein relying u on the judgment of the Supreme Court in the case of Asha S ena (supia) and the order passed by this Court in another W ' Appeal No. 87/2009, directions have been issued for conside tion 'of the case for grant of two lar dated 21.9.1974 issued bv after verification of the facts advance increments as per the State of Madhya Ptad pleaded in the petition. Counsel for the State mits that case of the petitioner would also be considered on same lines. s 1 ,u , c' e s b e In View of above, the direction to the respondent a‘ 1 the petitioner for grant of circular dated 21.9.1974 is Ptadesh after vexiflcation. of within a pen'od of four month: It is made clear that t] opinion on merits of the ca would be at liberty to decide with law. petition is disposed of with a Luthorities to decide the claim of two advance increments as per :sued by the State of Madhya the facts pleaded in the petiu'on ; hum today. 1is Coutt has not expressed any se and the authon‘ty concerned the same snictly in accordance K Sdl- Pritinker Diwaker Judge W XI‘HC 78 mm aizoo / mmw wmm mmq§i13§w mm wm avamm mmm