^NSIE /^ <^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (S)No. \\^^> OF 2011. PETITIONER Devlal Sahu, S/o. Shri D. R. Sahu, aged about 40 years, Head Master, Govt. Higher Secondary Korasi, Block Arang, Distt. Raipur (C. G.) VERSUS ^t'T&tt%t^ RESPONDENTS ^^ y/^w rv ..•^..•^/ "*<' ..•'/ ''s-'.'^.''' ^y i?' ,* ^A 1. State of Chhattisgarh, Through : The Secretary, School Education Department D.K.S. Bhawan, Raipur (C. G.) 2. District Education Officer, Raipur, District Raipur, (C.G.) 3. Block Education Officer, Arang, Distt. Raipur (C.G.) 4. Treasury Officer, Treasuiy Account and Pension, Raipur, Distt. Raipur (C. G.) 5. The principal, Govt. Higher Secondary Korasi, Block Arang, Distt. Raipur (C. G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA f.S-3,^ mC-H COURT OF CHHATnSGARH AT BILASPUR VVRIT PE'I'mON (S) No. 1173 of2011 PE'rmoNER : Devlal Sahu. VERSUS RESPONDENTS : StateofCMiattisgarh&Others. WRIT PETiriON UNDER ARTICLE 226 OF THE CONSTH'UnON OF INDIA SB: Hon'Me 81m Satish K. Asmhotri, J. Present: Shri Somkant Verma, Advocate for the petitioner. Shri Y.S.Thakur, Deputy Advocate General for the State/ respondents. ORDERfORAL) (Passed on 03" day ofMareh, 2011) 1. 'Die petitioner, who was appointed on the post of Assistant Teacher under the School Education Department on 06.09.1986 (Annexure P/l) is aggrieved by the acticm ofthe respondents in not adding two advance increments in his salarv even thoueh he did his B.Ed from Madhya Pradesh Bhoj (Open) University, Bhopal, at his own cost in the year 2008, after seeking permission for the same from the 2. Leamedcounselforthepetitionersubmitsthatthepetitionerisentitled for two advance increments as he had obtained B.Ed Exaniination certificate, in aecordance with the provisions of Circular dated 24.12.98 and mview ofthejudgment ofthe Supreme Court in State of M.P. & Another Ks. Badrinarayan Acharya and other^ and m view of the judgment. of fhis Court in Yashwant Kumar Bhardwaj Vs. Mimicipal Corporation, Durg and another . Shri Verma further submits that the issue involved in this petition is squarely covered by 1 AIR 1996 SC 277'9 2006(JI)!S/IP.IR96(CG) iin:!':'!@&-_...„-„...-...._ — 7M i( ttsc^SRi. 1> '^.•»^,^' ^•isaag.^' Amit 4. (^ the order passed by Ihis Court in Dhanvantri Kumar Sinha v. State of Chhattisgarh <& Others^. Facts, as detailed above, are not in dispute. This Court in Yashwant Kumar Bharadwaj's case (supra) elaborately discussing the circulars dated 24.12.19998, 01.03.1999 and relying upon the judgment ofthe Supreme Court in Badrinarayan Acharya 's case (supra) has held that teachers, not assistant teachers alone, would be entitled to two advance increments on obtainine B.Ed examination certificate after 22.10.1964, as fhe circular dated 22.10.1964 does not prescribe any outer limit ofthe period of obtainin.s. B.Ed- M.Ed & B.T.I. certificate. It has been further held that circular dated 01.03.1999 is applicable to onlv Assistant Teachers fLDT) and not to other teachers fUDT). Leamed State counsel fairiy submits that principle oflaw laid down in Yashwant Kumar Bharadwaj's case has attained finality and the case ofthe petitionei- in this petition is also squarely covered by the above judgment as also circular dated 24.12.1998. For the aforesaid reasons, the petitioner is entitled to the payment of two advance increments from the date ofdeclaration ofthe pelitioner's B.Ed examination resuli The respondents are accordingly directed to make payment of two advance increments to the petitioner ifrom the date ofhis passing B.Ed. exatninatioja, withm a period offour montiis from today. However, this order shall be subject to all veritications made by the State regarding facts pleaded in fhe petition. Sa ,*<;""b'>" Judge -3W.P.(S)No. 7600/2010