‘f"x\ 1N THE HON’BLE HIGH coURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No W23>/2o1 1 Vishnu Prasad Sarthi S/o Shri Laxman Singh Sarthi aged about 4O Years, Upper Division Teacher, presently working at Govt. Middle School Hardi, Block— Bilha, District — Bilaspur (C.G.) PETITIONER: VERSUS \ State of Chhattisgarh Through Secretary, Department of Education Mantralaya, D.K.S. BhaWan, Raipur, (C.G.) District Education Officer, District Bilaspur (C.G.) Block Education Officer, Block Bilha District Bilaspur (C.G.) Joint Director, Treasury, accounts, pension, Bilaspur District~Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA The petitioner most humbly and respectfully begs to submit as under:~ 1. PARTICULARS OF THE PETITIONER: As mentioned above in the cause title. 2. PARTICULARS OF THE RESPONDENTS: As mentioned above in the cause title. 2§\ HIGH COURT OF CHHATTISGARH AT BILASPUR 83 : HON’BLE SHRI JUSTICE PRITINKER DIWAKER W.P.(Si NO. 4?23g2011 PETITIONER Vishnu Pmsad Sarthi Versus RESPONDENTS State of C.G. & Others Emu Pmmon ‘ UNDER ARNCLE INDIA 226/227 OF THE CONSTIIUTION ore Aggeatance: « ' Shn' Shri A.V.Shn’dhar, Ashwini Shukla, P.L. counsel for the for State. the pctitioner, ’ Q, ORAL ORDER (18.08.2011; Counsel for the petitioner submits that the pafitioner is‘ entitled to benefit of two advance increments on. account of he having passed B.T.I. examination 1'11 tho year 1992 before his appointmcnt at hiS own cost. It is submitted that. the issue involvod in the prescnt petition is no longer res integra, and thc same has boon finally decidod by the Hon’ble Supmme Com in the case of Asha Saxena Vs. State of M.P. 8s Ors. 2009 (IXIEMPJR (SC) 59. It is further submitted that this Coun' has also takefr a. similar View in its order dated 62.2009 passed in W.P.(S) No. 6257/2008. Counsel for the petitioners further submits that the order dated 29.42010 passed in Writ Appeal NO. 124/ 2009; wherein relying upon the judgment of the Supreme Court in the case ofAsha Saxena (supra) and the order passed by this Court in another Writ Appeal 21.9. 1974 issued by the State of Madhya Pradesh, affer verification of the facts pleaded in the petition. zQ Counsel for the State submits that case of the petitioner would also be conskiered. on the same lines. In view of above, the peu‘tion is disposed of with a dixeaion to the respondent authorities to decide the claim of the petitioner for grant of two advance increments as per circular dated 21.91974 issued by the State of Madhya Pradesh after vermcation of the facts pleaded in the petition within a period of four months from today. It is made dear that this Court has not expressed any opinion on men‘ts of the case and the authority concerned would be at liberty to decide the same strictly in accordance with. law. “‘2‘ Sd/— Pritinker Diwaker Judge