CflkW’ ® IN THE HIGH COURT OF CHHATTISGABH AT BILASPUR WRIT PETITION (SI Nagggé [2006 PETITIONER Jagat Ram Sahu / S/o ShriTuIa Ram Sahu Age about 46 years, Asstt. Teacher, Govt. Primary School, Dharamutola, Block- Chhuriya, Distt: Rajnandgaon (C.G.) VERSUS State Govt. of Chhattisgarh // Through : Secretary, School Education Deparrment, Mantralaya at D.K.S. Bhavan, Raipur (C.G.) District Education Officer (I Rajnandgaon (C.G.) Block Education Officer / Block- Chhuriya, Distt.- Rajnandgaon (C.G.) WRIT PETITION UNDER A'RTICLE 226%27— OF THE a? CONSTITUTION OF INDIA PQI‘II‘InnAW - g XI—HC—78 3am, W, LU~P-Mo. ( ‘ éééa/Oé mm In 2‘00 WW<W> WWW wmm Wwm mmer‘wm %31%11311%¥r 06.12.2006 Shri Rake$h Anthony c' )unsei for the petitioner. Smt. Anju Ahuja GA for Petitioner is working z course of his service as Teac own expenses before 1.3.199! According to Iearned ci to two advance increments in of Yashwant Kumar Bharac‘ another reported in 2006 (2) MPJR — CG 96 wherein it has been held that the teachers having obtained expenses are covered by th State Government of Madhya )f Smt.‘ Manorama Shrivastava Vs. State of 2000 (1) MPLSR 136, the Madhya Pradesh ior Bench while considering the circular ovided that the teachers who have acquired between 23.10.1964 and 15.1973 shall be ents, relied on the decision in the case of . State of Madhya Pradesh and others n No. 163211999 decided on 12.10.1999 e circular dated 1.3.1999 cannot be made s, a teacher may be Assistant Teacher, who efore 1.3.1999 is entitled to two advanced the respondentiState. is Teacher in Government School. In the her, he has obtained B.T.i‘ certificate at his a. aun'sei for the petitioner, petitioner is entitied View of the decision of this Court in the case waj 'Vs. Municipai corporation, Durg and Further in the matter r M.P. and others reported in Administrative Tribunal, dated 1.3.1999 wherein it is p B.Ed. degree at their own co entitled to two advance incre Rakesh Kumar Shrivastava passed in Original Applicati wherein it is observed that t applicable retrospectively. Th has obtained B.Ed. degree increments. B.Ed., M.Ed., BTI certificates at their own e circuiar dated 24.12.1998 issued by the Pradesh. P.T.O. W G l s x XI-HC-78 mm,m,f§m wane. (MB m, o ooo.o.¢..o.oo..ooo ... , WW<W> WWW mmm mmffwm mmwm %w%mm%$ ‘U ['NL, It is pointed out by the Iearned counsel appearing for the petitioner that the then state of Madhya Pradesh had filed a Special Leave Petition against the orders passed by tt e Tribunal and the Hon’ble Supreme Court dismissed the Special Leave Petition No. 1999/2000 tiled against the order of the trihunal. Therefore, the direction to the effect that the circular dated 1.3.1999 cannot be m applicable retrospectively, passed by the Tribunal, becomes final and he same shall be applicable to all the Assistant Teachers, who ha e obtained B.Ed.IBTI certificates before 1.3.1999. lt is further substanti ted by a circular dated 17.10.2003 issued by the present State of Madhy Pradesh wherein the circular clearly states about the decision of the Hon’b e Supreme Court. Learned counsel for the etitioner further submits that the facts and question of law involved in th present case of petitioner are squarely covered by the decision of ths Court in the case of Yashwant Kumar Bharadwaj (supra) to whi learned counsel appearing for the respondentfState fairly conced s and agrees with the averments made by learned counsel appearing for e petitioner. Accordingly, the writ pe ition is allowed in terms of the decision of this Court in the matter of Yashwant Kuamr Bharadwaj subject to verification of the fact as to ether the petitioner has acquired B.T.l. certificate at his ovm expense as per the circular dated 24.12.1998 and 1.3.1999 and further whether ne has been paid two advance increments or not. No order as to costs. Sd/— Dhirendra Mishra Judge r ' P.T.O. W 1 a c