3?. 1. H!GH COURT OF CHHATTISGARH AT B1LASPUR W.P.(S)No. 993 of 2007 Petitioner Ramadhar Sharma S/o Shri Lakhan La! Sharma, aged about 60 years, Occupation Sen.'ice, Posted as Assistant teacher posted at Higher Schooi (Middle Department) Ba'ouda, Distt.- Janjgir Champa (C.G.) Versus Respondsnte 1. The State of ChhatSisgarh, Through the Secretary, School EducaCon Department D.K.5. Building, Raipur C.G. 2. District Education offlcer, Jsnjgir, Distt.- Janjgir Champa (C.G.) 3. Block Educstton officer, Bamhnidih, Vikaskhand Bamhnidih, Tahsil & Distt.- Janjgir Champa (C.G.) 4. Director of pubiic Instruciion penston Bada Raipur Distt.- Raipur (C.G.) 5. Biock Education Officer, Bs'ouda, DisSrict Janjgir- Champa 6. Principal, Govt. Higher Secondar/ School, Baiouda, District JanJgir-Champa (C.G.) WR!T PETITOIN UNDER ARTICLE 22S OF THE CONSTtTUTiON OF INDIA iingSe Bench : Hon'ble Mr. Satish K. Agnihotri, J. Shri Sunil Sahu, Advocate forthe petitioner. Shri Alok Bakshi, Govt. Advocate for the respondente. ORALORDER (Passed on this 14th day of February, 2008) Being aggrieved by the non-acSon of the respondents frse petitioner has Sled this petition, whereby the petitioner \vas not grantsd benefit of kramonnatis after comptetion of 12 years of service and thereafter on comptetion of 24 yeare of service underthe Time Bound Advancement Scheme. c= 2. 4. Learned counse! appearing for the petitioner submite that initially ths petitioner was appointed as Assistant Teacher in Education Department in the month ofJanuary, 1974. He further submite that since the petiSoner has not been given any promotion to any higher post and he is working as Assistant Teacher since Januar/, 1974, he is entitled to get the first kramonnati after completion of 12 years of service and thereafter on completion of 24 years of servics under ttie Time bound Advancement Scheme as provided in the circuiar dated 24.4.20(8 read with ttie circuiar dated 17.3.1999/19.4.1999. In support of his submission, teamsd counsel appesring for the petitioner strongly rslied on a decision of Hon'bte the Supreme Court JR the matter of State of Tripura and others Vs. K.K.Roy (2004 SCW/1) and judgment and order dated 29.8.2006 passed by this Court in W.P.No. 2805/2002 (R.S. Ve.-na Vs. State of Chhattisgarh and others), v./herein, the question for grant of first and second kramonnati was under consideration. Hon'bie the Suprems Court obsewed as under: "7. We are, thus, of the opinfon that the respondent hsrein is at teast entitied to grant of two higher grades, one upon explry of the period of 12 years from the date of his joini'ng of ths service and the other upon expir/ of 24 years thereof," This Court in the matter of R-S.yenna (supra) obsewed that "Bare readjng ofCi'rcular dated 17-3-1999/19-4-1^9 (Annexure R-1) makss it ctear that if an empioyee stagnates on one pay- scate for 12/24 years and is not granted fayo higher pay-scafes, the einployee wii! be entitied to tA'o Kramonnags." Thus, the petitioner is entitied for the same benefit. 5. Thakur In w'ew ofthe foregoing, this petition is ailowed. The petitioner is entitled to the firet kramonnati after comptetion of 12 years of service and thereaftsr second kramonnati after compietion of 24 years of service undsr the Time Bound Advancement Scheme. No order asto costs. Sd/- Satish K. Agnihotri Judge