(1) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No.6é9r/2006 Bhuneshwar Ram Sinha/ 3/0 Shri shyam Lat Sinha Age about 42 years, Asstt; Teacher, Govt. Primary Boys School, Chhuriya Block- Chhuriya, Distt.— Rajnandgaon (C.G.) VERSUS ETlTlONER 1 . State Govt. of Chhattisgarh / Through :Secreiary, w School Education Department, ’ @xg Mantralaya at D.K.s. Bhayan, Raipur (C.G.) ,/ RESPONDENTS f q/\\ 2§§District Education Officer g 4i ¢\\y Rainandgaon(C.G.) Op / Q§ C? pic“ 3. BiockEducationorricer/ Q‘ Block- Chhuriya, Dish.- Rajnandgaon (C.G.) WRIT PETiTlON UNDER ARTICLE 226i§2$0F THE CONSTITUTION OF INDIA ’ XI—HC—78 ., 3am, mm, . wk Mo. ééM/OG Wm (W) WWW WWW WW#WW wwwm émfFdIrwéST 06.12.2006 Shri Rakesh Anthony counsel for the petitioner. Smt. Anju Ahuja GA for the respondent/State. Petitioner is working as Teacher in Government School. In the course of his service as Teacher, he has obtained B.Ed. certificate at his own expenses before 1.3.1959. According to teamed unsei for the petitioner, petitioner is entitled to two advance increments in View of the decision of this Count in the case of Yashwant Kumar Bhara waj Vs. Municipai corporation, Durg and another reported in 2006 (2) PJR — CG 96 wherein it has been held that the teachers having obtaine B.Ed., M.Ed., BTI certificates at their own expenses are covered byt e circular dated 24.12.1998 issued by the State Government of Madhy Pradesh. Further in the matter f Smt. Manorama Shrivastava Vs. State of MP. and others reported in 000 (1) MPLSR 136, the Madhya Pradesh Administrative Tribunal, ior Bench while considering the circular dated 1.3.1999 wherein it is rovided that the teachers who have acquired B.Ed. degree at their own co tbetween 23.10.1964 and 7.5.1973 shall be ents, relied on the decision in the case of Rakesh Kumar Shrivastava Vs. State of Madhya Pradesh and others passed in Original Applicati n No. 1632/1999 decided on 12.10.1999 wherein it is observed that t e circular dated 1.3.1999 cannot be made applicable retrospectively. Th s, a teacher may be Assistant Teacher, who has obtained B.Ed. degree efore 1.3.1999 is entitled to two advanced increments. entitled to two advance incr o G l XI—HC—78 WW,WW,W Wm ooo.‘..‘o‘oo.ooo.w 200 mm (W) WW§WW ‘ mamm %aq12—?mm It is pointed out by the learned counsel appearing for the petitioner that the then etate of Madhy Pradesh had filed a Special Leave Petition against the orders passed by he Tribunal and the Hon’ble Supreme Court dismissed the Special Leav Petition No. 1999/2000 hled against the order of the tribunal. Therefo mmm WWW , the direction to the effect that the circular dated 1.3.1999 cannot be ma e applicable retrospectively, passed by the Tribunal, becomes final and the same shall be applicable to all the Assistant Teachers, who h e obtained B.Ed.IBTI certificates before 1.3.1999. lt is further substan iated by a circular dated 17.10.2003 issued by the present State of Madhy Pradesh wherein the circular clearly states about the decision ofthe Hon’ le Supreme Court. Learned counsel for the petitioner further submits that the facts and questionof law involved in t e present case of petitioner are squarely covered by the decision oft is Court in the case of Yashwant Kumar Bharadwaj (supra) to whi teamed counsel appearing for the respondent/State fairly conced s and agrees with the averments made by learned counsel appearing for he petitioner. Accordingly, the writ p tition is allowed in terms of the decision of this Court in the matter of Yashwant Kuamr\ Bharadwaj subject to verification of the fact as to ether the petitioner has acquired B.Ed. certificate at his ovm expense as per the circular dated 24.12.1998 and 1.3.1999 and further whether e has been paid two advance increments or not. No order as to costs. Sdl— Dhirendra Mishra Judge P.T.O. r