&ali3^^^' l^^is^^^ c-F 0Q IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .G ) WRIT PETITION (S) NO'720 2-/2006 PETITIONER w ^^ ^^^\y <5^^° RESPONDENT f~\^. .;^l&iJ)^\ ^" ^{ <^^sc ^v' ^Shree. Aaju Raai Verma S/o shri.,Darab Singh age, 40years Presently working as Asst. Teacher In Khapradeeh ,Primary school^ Bhatapara, Disst. Raipur (C.G) l^ State of Chattisgarh / Through -Secretary Deptt. Of Education Mantralya D.K-S.bhawan, Raipur.(C.G) .2. District Education Officer, Raipur, Distt. Raipur, Chattisgarh. 3<-' Block Education Officer, Bhatapara, Distt. Raipur Chattisgarh WRIT PETETIO_N UNDER ARTICLE 226/3S? OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OFMANDAMUS, CERTIORARI ETC. XI-HC-78 +ll*ini Shllch TSEF'qraRW, OTfl.^'ie, Ridiuy .i^.^..7.?rfi3-^.e4^:r 200 3ii^<?i 'i^fti ('y^ysff) a'n^r^rf^fRi gsn'3:n^Tst>Hro L» ?T(ITW:flf?g'3TI^T 02.01.2007 Shri Vinod Deshmukh and Sh Ms. Sunita Jain PL for the 1-i Vivek Verma counsel for the petitioner. resbondents/State. Petitioner is working as Teac| his service as Teacher, he has obt^ before 1.3.1999. According to learned counsel advance increments in view of the dek Kumar Bharadwai Vs. IVIunlcipal clorporation, Dura and anottier reported in 2<M6 (21 IVIPJR - CG 96 wherein obtained B.Ed., M.Ed., BTI certificate circular dated 24.12.1998 issued by tl Further in the matter of Smt. and others reported jn 2000 Administrative Tribunal, Gwalior B^ 1.3.1999 wherein jt is provided th^i degree at their own cost between 2f two advance increments, relied on t|' Shrivastava Vs. State of Madhya Application No. 1632/1999 decided oh circular dated 1.3.1999 cannot be teacher may be Assistant Teacher| 1.3.1999 is entjtled to twd advanced i\ It is pointed out by the learn^d the then state of Madhya Pradesh h^d <Di<<Fti41-i iiti<-iT?'teIA<Ri«i< ^>3iRnT3ii^r icr in Government School. In the course of ined B.Ed. certificate at his own expenses for the petitioner, petitioner isentitled to two sision ofthis Court in the case ofYashwant t has been held that the teachers having s at their own expenses are covered by the ie State Government of Madhya Pradesh. Klanorama Shrivastava Vs. Sfate of IVI.P. 1) MPLSR 136, the Madhya Pradesh •nch while considering the cireular dated it the teaohers who have acquired B.Ed. i.10.1964 and 7.5.1973 shall be entitled to ie deoision in the case of Rakesh Kumar Pradesh and othere passed in Original 12.10.1999 wherein it is observed that the made applicable retrospeotively. Thus, a who has obtained B.Ed. degree before norements. counsel appearing for the petitioner that filed a Special Leave Petition against gie_ XI-HC-78 3n^T?>T^:IT°R (TOT 3:n^?T aiiri; 1^/^^ 3^ •<<i<iict<), »Tnu'i<»,fs|diy^<, ^ r*(cTT Sh+ll^ *''"•••••••'•^•-'••%A-'-"3^- 200 3TI^?Ttiacb (licl'4<s<^!T) ?^ITWgf?cT3TI^!T orders passed by the Tribunal ani Special Leave Petition No. 1999/; Therefore, the direction to the effe made apptteable retrospectively, p; same shall be appticable to all B.Ed./BTI certificates before 1.3.1 dated 17.10.2003 issued by the pi circular clearly states about the dec the hton'ble Supreme Court dismissed the ]000 filed against the order of the tribunal. tt that the circular dated 1.3.1999 cannot be ^sed by the Tribunal, becomes final and the ie Assistant Teachere, who have obtained R99. It is further substantiated by a circular ^sent State of IVIadhya Pradesh wherein the |sion ofthe Hon'ble Supreme Court. Learned counsel for the d question of law involved in the pre( by the decision af this Court in the| to which learned counsel appearin^ agrees with the averments made b\ Accordingly, the writ petiti; Court in the matter of Yashwant K fact as to whether the petitioner expenses as per the oircular dated he has been paid two advanoe incr ^n^pftr wmt' ff fei<fl <Riwi< ^srf^iTan^r ititioner further submits that the facts and ent case of petitioners are squarely covered case of Yashwant Kumar Bharadwaj (supra) for the respondent/State fairly concedes and learned counsel appearing for the petitioner. >n is allowed in tenns of the decision of this jamr Bharadwaj subject to verification of the has acquired B.Ed. certificate at his own 24.12.1998 and 1.3.1999 and further whether 'ments or not. No order as to oosts. ,. ^^^^^^ ^ ^ P.T.O.