SINGLEBENm /^L •p £^^_ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W. P._(Sl^o, r2><? o ^ OF 2009. PETITIONERS 1. •y. ^ V- (?r? ^ ^yy^ ^ ^?' /• / f.:-^ y f£./'.^ i^St. / Ajay Kum.ar Upa4hyay,. S/o. Rarn Prasad Upadhyay, aged about 40 years, Head Master Govt, Primary School . Loharakapa, Bloek .MungeU, Distt.BUaspur(C. G.) • Ra|kesh Kumar Pathak, S/o. Shri ©.P.Pathak,^agedatiout44 ' years, UpperDivision Teacher, gQyt.,MiddIe School Belsari, 'TahsiI Takhatpur, Distt^ Btlaspur ;(e..G.}:.^-, . : •:.1''. .- Raghu Ram Dubey, S/o.,Sliri Ram Snehi Qubey, aged about 40 years, Up.per Division Teacher, Govt. Middle School Belsari, Tahsil Takhatpur, Disft. Bilaspur .(C.G.) . ,. .,1', :. ;.' :... Shiv Narayan Tiwari, S/p. Shri D, C.. Tiwari, Upper Division' Teacher, Govt. Middle School Belsari, Tahsil Takhatpur, Distt. Baaspur^C. G.) , ' Rajesh.Nath 'Yogi^ S/6.:Shri . Dwarika Nath Yogi, aged about 39 years; Assistant TeaEfaer, ;,] - Govf, Primary Sehool Upaka, ^, .«ai BlQck and Tahsil Kota, Distt. Bilaspur (C. G.) 6. Jitendra Kumar Tondey, S/o. Shri Jawahar Lal Tondey, aged about 38 years, Assistant Teacher, Govt. Primary School Lathori, Block 85 Tahsil Kota, Dis.tt. Bilaspur (C. G.) VERSUS RESPONDENTS : ^l) A.'*'^. . ^'£ "&»?~~-g; ^1' ^v ^Jtt^. "'»»«»«'*•<'"' -^ State of Chhattisgarh Through: Secretary Education Department, D. K. S. Bhawan Raipur, Distt. Raipur (C. G.) 2) District Education Officer, Bilaspur, (C. G.) iy WRIT PETITION UNDER ARTICLE 226 OF THE GONSTITUTION OF INDIA :K The Petifioners named above respectfully beg to submit as under:- 1. PARTICULARSOFTHEPETITIONERS: As given in the above cause title. 2. PARTICULARS OFTHERESPONDENTS: As given in the above cause title. mw :i;11* " HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (-S) No. 3602 of2009 PETmONERS : AjayKumarUpadhyay&Others. VERSUS RESPONDENTS : State ofChhattisgarh & atiother. WRTT PETmON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Aenihotri, J. Present: Shri Ram Krishna Sharma, Advocate for the petitioner. Shri A.V.Shridhar, Panel Lawyer forthe State/respondents. ORALORDER (Passed on 08U1 day of March, 2010) With the consent of leamed counsel appearing fbr the parties, the matter is heard finally. 1. By this petifion, the petitioners seek a direction to the respondents to pay two advance increments from the date ofpassing ofD.Ed examination, on fheir own expenses, during their service period. 2. Shri Shanna, leamed counsel appearing for the petitioner submits that the issue involved in the present ease is no longer res integraas the same has been considered and decided by the Supreme Court in Asha Saxena v. State ofM.P. & Ors. as well as by this Court m the matter of Yas}manl Kumar Bharadwaj v. Municipal Corporation, Durg s& anofheif and }XGopesh Kumar Vermav. The State Gavt. ofChhattisgarh and anothei^. 3. Shri Sharma farther submits that the ihstant petition is squarely covered by the decision as aforestated. Thus, the petitioners may be permitted to make a representation to the respondent authorities to decide^ea cases in '2009(II)MPJR(SC)59 22006(II)MPJR-CG96 3WP(S)No.4130of2005 tiie light of aforestated decisioin, subject to verification ofthe fact asto whether fhe petitioners have acquired D.Ed certificate on fheir own expenses duringthe course offheir serviee. 4. Leamedcounsel appearing for the State/respondents submits that in the event, the petitioners make a representation, fhe same will be considered and decided, in accordance with law and in the light ofthe decisions of fhe Supreme Court in Asha Saxena (supra) as well as fhis Court in YashwantKumar Bharadwaj' asiA GopeshKumar Verma (supra), within a period offour weeks fix»mfhe date ofreceipt ofthe representation. 5. Bi view offoregoing, according to the leamed counsel appearing for the petitioners, nothing survives infhis petition for adjudication. 6. Accordingly, the vwit petition is,disposed of. Sd/- Satish K.Agaihotn Judge i21lt