T I IN HE HIGH COURT OF CHHATTSGARH AT BILASPUR WRIT pETITIoN (S) No. Izoos PETITIONERS :1) Smt. Triveni Awasthi, W/o. Shri // Awashti, aged about 47 years, Occupation— Govt. Servant, Head Mistress at Govt. Nivedita Girls Middle School (B), Raipur, Block Dharsinwa, District Raipur R>/o. Jab jg” Bramhpuri, Raipur (C.G.). ,X\5<\)v?f& : «fl ’/\%;£ ;2) Smt. Jamsheed Bawra, W/o. Shri Ali / Bawra, aged about 56 1‘ &/ years, Occupation— Govt. Servant, (UDT) (Assistant Teacher at Govt. Nivedita Girls Middle School (B), Raipur, Block Dharsinwa, District Raipur R/o. Devendra Nagar, Raipur (C.G.). 0‘?‘ ~3) Ku' Push Midli u D/o. Shri /Qo(a 5, . pa yar, ‘" u\ 665$ C.P.R. Mudliyar aged about 47 years, V o y ‘ x ’ x - Occupation—Govt. Servant, (U.D.T) at ” i f Govt. Nivedita Girls Middle School (B), Raipur, Block Dharsinwa, District Raipur R/o. Bramhpuri, Raipur (co). ‘ VERSUS RESBdNDENTS :1) State of C.G., Through Secretary, if Department of School Education, DKS Bhawan, Mantralaya, Raipur (C.G.) ' District Education Office Raipur (C.G.) ’ yz/3) Block Education Officer, Dharsinwa District Raipur (C.G.) M WRIT PETIION UNDER ARTICE L 226 OF THE CONSTITUTION OF INDIA r, , HIGH COURT OF CHHATTISGARH AT BILASPUR w. P. (s) No. 7019 of 2006 Petih'oners : Smt. Triveni Awasthi and others g?) Vexsus Respondents : State of Chhattisgarh & another Single Bench: Hon’ble Mr. Justice Satish K. Aaiho&!. Shri Mahmoj Mam, Advocate for the Petitionexs. Shri Sushil Dubey, Govt. Advocate for the State/respondents. \‘i, O R D E R (Passed on this 15th day of December, 2006) 1. The petih'oners are working as Upper Division Teachers/Assistant Teachers in the government schools. in the courae of their services as Upper Division Teachers/Assistant Teachers, the petitioners have obtained B. Ed. examination ceiLilkates on their own expenses before 1.3. 1999. 2. According to learned pounsel for the petitioners, the petitioners are entitled to two advance increments in view of the decision of this Court in the case of Yashwant Kumar Bhaxadwaj Vs. Municipal Corporation, Dulg and another {2006 (II) MPJR—CG 96}. This Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed. IuB.T.I. Examination Certincate on their own expenses, are coveled by the circular dated 24.12.98 (Annexure P/7) issued by the State Govemment of Madhya Pradesh. 3. Further in the matter of Smt. Manorarna Shrivastava Vs. State of M.P. and others { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh m i State Administrative Tnbunal, Gwalior Bench, Whilr- considering the cimular dated 1.3.1999 wherein, it is pmvided that the Assistant Teachers, who have acquired B.Ed. deglee at their own cost between 23.10.1964 and 7.5.1973 shall be entitled to two advance increments, xeh'ed on decision in the case of Rakesh Knmar Shrivastava Vs. State of MP. & others passed in O.A.No. 1632/99, decided on 12.10.1999 whetein it is observed that the cimular dated 1.3. 1999 cannot be made applicable reu‘ospecn'vely. Thus, a teacher, may be Assistant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitled to two advance increments. 4. lt is pointed out by learned counsel appealing for the petitioners that the then State of Madhya Pladesh had tiled a Special Leave Petition against the orders passed by the 'I‘Iibunal and the Hon’ble Supxeme Court dismissed (Special Leave Petin‘on No. 1999/2000 tiled against the order of the 'l‘Iibunal. Therefom, the dilection to the etfect that the cimular dated 1.3.1999 cannot be made applicable retrospectively, passed by the Tribunal, becomes hnal and the same shall be applicable to all the Assistant Teachers who have obtained B.Ed./B.T.I. examination ceitillcate befom 1.3.1999. It is further substantiated by a circular dated 17.10.2003 issued by the present State of Madhya Piadesh wherein the circular clearly states about the decision of the Supreme Court. 5. Learned counsel for the petin'oners further submits that the facts z“ and question of law involved in the present case are squarely covered by decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Dung and another (Supra), respondents fairly ment made by Earned comma}. to which learned counsel appealing for the agmes with the aver concedes and ' g for the petitioners. of the oxtlet 3P ‘ ' are alloWed in terms c of Yashwant Kumar Bharaéwaj Vs. Municipal passsd in the cas er (Supra), subject to verification of X Corporation, Durg and anoth r‘s have acquired B. Ed. whether me peti1ione the fact as to on their own exp ' ation Cortiiicates 3.1999 and f‘mher ailvance increments or not. No order as to cirCulal‘S dated 24.12.1998 and 1. they have been paid two woes ao per the Ex Bablu costs.