^ "5?.. In the Honble Hish Court of Chhattishgarh at Bilaspur (C.G.) W.P.(S) No. 6-7Lf-;/ 2006 S) Petitioner Respondent NeelKhant Sahu aged 43 years ^ S/0 Shri ManRaKhan Sahu , Assistant Teacher, Govt. primary School ,Tirga Diirg Tahsil & District,Durg. VERSUS 1. The State Govemment ofChhattishgarh,/^ Through the Secretary, Education Department D.K.S. Bhavan, Raipur (C.G.) ,// 2. The Block Education Officer, " Durg (C.G) Writ petition under articles 226/53i^ of the Constitution of India for jssuance oj" wnt in the nature of MANDAMUS, Certiorari, Prohibition and other suitable WRIT or writs, Order or orders, Direction or directions. The petitioner, above named, fumishes the particulars of the writ petition as under :- XI-HC-78 +11*<MI sbHKh 3?3'^(rar?ra', oTnwis, Riciitfy . iA}p(-S)fe'7*r'?/o^. .y.". t .^.-./.vy. .i. /.^.-. ^. 200 sn^r'TaTeR'(^fg^r) 3tI^T?>TR-li* (IWSD^Tstiiro ^TiWBfei'sn^T 11.12.2006: Shri SomkantVerma counsel fortthe Shri Somesh Bajaj GA for the re^por Petitioner isworking as Teacher his service as Teacher, he has obtaini before 1.3-1999. Aceording to learned counsel for| advance increments in view ofthe decisfon Kumar Bharaihwaj Vs. Municipal cor^orati 2006 (2) IWJR - CG 98 wherein it obtained B.Ed., KI.Ed., BTI certificates oircular dated 24.12.19^ issued by * 1)3. Further in the matter of Smt. and others reported in 2000 (1)| Administrative Tribunal, Gwalioc Bencfi 1.3-1999 wherein it js provicted that degree at their own cost between 23.' fwo advance increments, relied on thel Shrh/astava Vs. State of Madhya Pi| lApplication No. 1632/1999 decided on 1|: circular dated 1.3.1999 cannot be teacher may be Assistant Teacher, !1.3.1999 is entitled to two advanced !t is pointed out by the learned |thethen state ofMadhya Pradesh had |orders passed by the Tribunal and th^ +i^fcf'ifl-f tiiwTfftecfl'<Rit& ^?3:ri^*T3n^T petitioner. pondent/State. in a Government School. In the course of id B.T.I. certificate at his own expenses |the petitioner, petitioner is entitled to two ofthis Court in the case ofYashwant ion, Durg aid another reported in t(as been held that the teachers having their own expenses are covered by the GovernmentofMadhya Pradesh. theBtate IVItnorama Shrivastava Vs. State of M.P. MPLSR 136, the Madhya Pradesh while considering the circular dated (he teachers who have acquired B.Ed. i.1964 and 7.5.1973 shall be entitled to Idecisicu in the case of Rakesh Kumar jadesh and others passed in Original 112.10.1999 wherein it is observed that the m^de applicable retrospectively. Thus, a trtio has obtajned B.Ed. egree before inctlements. jsounsel appearing for the petitioner ttiat (iled a ^iecial Leave Petition against the Hon'ble Supreme Court dismissed the XI-HC-78 HTR^T Sh*ira» 3S?^iraRPT, WTdu'is, Ritiwy ria-.£^P.fe?.l<2(.?.&. ^ 200 •i— 3TI^?TMa<ft (l?td'!«<]ST) SD^TqiTR-fi* (W 311^1 *t| S^nWBferaii^T Special Leave Petition No. 1999/201 Therefore, the drection to the effect made applicable retrospectively, pass same shall be applicable to all the B.EdJBTI certifioates before 1.3.199 dated 17.10.2003 issued by the pres ciroular clearly states about the decisi< Learned counsel for the petif question oflaw involved in the present the decision of this Court in the casel which learned counsel appearing for] ayeeswith the averments made by !e|arned Accordingly, the writ petition Court in the matter of Yashwant Kuatnr fact as to whether the petitioner h| expenses as per the circular dated 24). he has been paid two advanee increm^ ^ <tiwt<-i'in-i tiWff) ffteIfl'<Ri«;i< ^sri^iian^r )0 fited against the order of the tribunal. that the circular dated 1.3.1999 cannot be ed by the Tribunal, becomes fina! and the Assistant Teachers, who have obtained 3. It is lurther substantiated by a circular ent State of Machya Pradesh whwein the >n ofthe Hon'ble Supreme Court. tioner fijrther submits that the factsand case of petitioner are squarely covered by of Yashwant Kumar BharaAvaj (supra) to the respondent/State falrly conc«lesand counsel appearing fa the petitioner. is atluved in terms of the decision of this Bharackivaj subject to verification ofthe as acquired B-T.I. certificate at his own .12.1998 and 1.3.1999 and furtherwhether ents or not. No order as to cost. ___- Sd/- DhirendraMishra Judge P.T.O.