s?!°--">' E aE:»jfsS 3t (]C- l-yo IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) J.^..2.^., W.P, No.....f...<.>..../.,../.../2007 PETITIONER: '»>• ^>.^' ;-<iCV^ - \-^"'" ^^':'r,^ ^y^ s'"' A."~ -o S't>s .f*.: •r'y^ ^y VERSUS <ffshish Kumar Gupta S/0 Ajay Kumar Gupta, Aged 38 years, Working as Lecturer at Govt. Higher Secondary School Tokapal, R/o R.E.S. colony, Q, No. 2, Tokapal, r' Dist. Bastar :-*:. RESPONDENTS: \^'k\r"V 'rttU^.:-'' ys^v(Jl%y ^s^^sy 1. State of Chhattisgarh Through : Secretary, Tribal Welfare Department, Mantralaya D.K.S. Bhawan, Raipur (C.G.) 2. Commissioner, Tribal Welfare / Departnient, Mantralaya, D.K.S. Bhawan Raipur (C.G.) PETITION UNDER ARTICLES 22& OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITS OF MANDAMUS AND CERTIORARI AND FOR OTHER SUITABLE WRITS AND DIRBCTIONS:- <. COURT OF CHHATTISGARH AT BILA8PUR S.B. : HON'BLE M.R. SATISH K. AGNIHOTRI. J. 'll <>3 <. Ashish Kumar Gupfa Re.si State ofC.hha.ttisaarh & ()ther Shri Rahul Jha; Advocate for the petitioner. Shri Sushii Dubey, Government Advocate for the State / respondents. (Passed on 9ffi ofMarch, 2007) counsel a.ppearing for the petitioner submits that the Detitioner is workina as Lecturer, The netitioner obtained B.Ed. Examination certificate on 27.03.1997. on .his own exoenses. -^. L-earaed counsel appeanng tbr the petitaoner .submits tt auestion involved, herein asto whether the • B.Ed. Exami.natio.c certincate oa his own expenses, is entitled to two advance increnients. According to lea.rned counsel fbr the petitioner, the petitioner is entitied to Uvo advance incremems in view ofthe decision ofthis Court in the case of Yashwant Kumar Bharadwai Vs, ^2006 fll) MPJR- -2- CG 96}, This Court in the case ofYashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed. /'B.T.I. -Examination Certificate on their own expenses, are covered by the circ.ular dated 24.] 2,98 issued bv the State Govem.ment of 4. Leamed counsel for tbe netitioner farther submits that the facts and auestioa of law involved in the present case are squarely covered bv decision of this Court in the case of Yashwant r another (Supra), to which lea.rned counss} appearing for the resnondents la'riv concedes and agrees with the averment made by leamed counsel appearing for the petitioner. "•i-''j-' 5- Accordingly, the writ petition is allowed in terms of the order passed in the case of Iharadwaj Vs. Munjcini i.0ther {Sunra). subiect to verification of the fact as to whether the oetrtioner has acauired B.Ed- Examination Certificate on his own expeQses as ner tb.e circu!arsdatsd24,12.!998 & 1,3.1.999 and fi.irtb.er whetfaer fae has been naid two advance increments or not, No order as to costs. Amit Sd/- Satish K. Agnihotri Judge