> (^^1<^ ~-':-'.;^^ § IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .0 WRIT PETITION (S) N0.7-2-0 ^72006 b..- PETITIONER t&b^ ^^ .•^y ^ ••^'^-^ 'Shree.Sanat Kumar Gauraha S/o shri, K.R.Gauraha, age, 57years Presently working as Asst. Teacher In mata devalya middle school Bhatapara, Disst. Raipur (C.G) <»u RESPONDENT »•""••-•?. /? .M^ ,1. State of Chattisgarh Through -Secretary Deptt. Of Education Mantralya D.K.S.bhawan, Raipur.(C.G) ^.2. District Education Officer, Raipur, Distt. Raipur, Chattisgarh. Block Education Officer, Bhatapara, Distt. Raipur Chattisgarh WRIT PETETION UNDER ARTICLE 226/3^7 OF THE CONSTITUTION OF .INDIA FOR ISSUANCE OF APPROPRIATE WRITLJN THE NATURE OPMANDAMUS, CERTIORARI ETC. XI-HC-78 <TTH?TTSb*1|ch 3^'^rraRpr, (STfl.yis, Ricii^y *•»<«•**»•»***» *fr «/+ *yfe»* 3ii^i 4a<n ('i^IsiS,'?) aTt^rqirf^rR; cISlT3IR?rsbl|ct) ?^nwHfig'3n^r 02.01.2007 Shri Vinod Deshmukh and petitioner. Ms. Sunita Jain PL for the re; Petitioner is working as Tejacher course of his service as Teacher, h own expenses before 1.3.1999. Aecording to learned counse| to two advance increments in view of Yashwant Kumar Bharadwai \ (2t MPJri another reported in the teachers having obtained B.Ecf, expenses are covered by the circjular State Govemment of Madhya Prad^sh. Further in the matter of Smtj M.P^and others reported in 2000 Administrative Tribunal, Gwalior dated 1.3.1999 wherein it is provid^d B.Ed. degree at their own cost betvf entitled to two advance incrementsl, Rakesh Kumar Shrivastava Vs. S|l passed in Original Application N4 wherein it is obsen/ed that the cirtu applicable retrospectively. Thus, a t( <:hi<<fci4t-< KiiciTtfte<^t<,Riwi<. ^3rf^IT3n^T Shri Vivek Verma counsel for the pondents/State. in Government School. In the e has obtained B.Ed. certificate at his for the petitioner, petitioner is entitled >f the decision of this Court in the case 's. Municipal corDoration, Dura and - CG 96 wherein it has been held that ., M.Ed., BTI certificates at their own dated 24.12.1998 issued by the Manorama Shriyastava Vs. State of (1) MPLSR 136, the Madhya Pradesh ^ench while considering the circular that the teachers who have acquired teen 23.10.1964 and 7.5.1973 shall be j, relied on the decision in the case of jtate of Madhya Pradesh and others 1632/1999 decided on 12.10.1999 lar dated 1.3.1999 cannot be made ^acher may be Assistant Teacher, who XI-HC-78 *ll*lMl sh*il<h 3^" •*IW104, WTfl.tf'IS, IsfdlU^ .^..i?.^.2.%/M. 2_— ^200 tw'ra^i'(^crfg^sr) •3TI^T^Tf?qNi (raT3T[^TsbH[cb 5T(ITWflf?cr3TI^T has obtained B.Ed. degree before increments. It is pointed out by the leam| that the then state of Madhya against the orders passed by the T| dismissed the Special Leave order of the tribunal. Therefore, th< dated 1.3.1999 cannot be made Tribunal, becomes final and the Assistant Teachers, who have 1.3.1999. It is further substantiated by the present State of Madhya Pr^ about the decision ofthe Hon'ble Pradssh Petltion artpi Learned counsel for the petif question of taw involved in the covered by the decision of this Bharadwaj (supra) to which respondent/State fairly concedes learned counsel appearing for the t) Accordingly, the writ petitio) this Court in the matter of Ya^ verification of the fact as to whet certificate at his own expenses as| cniifci'fl-i iiHciTffte^Tl^Rsn' ^3Tf^ir3n^r 1.3.1999 is entitted to two advanced i^d counsel appearing for the petitioner had filed a Special Leave Petition 1'ibunal and the Hon'ble Supreme Court No. 1999/2000 filed against the direction to the effect that the circular licabte retrospectivety, passed by the same shall be appiicable to all the 4btained B.Ed./BTI ceri:ificates before by a cireular dated 17.10.2003 issued |desh wherein the circular cleariy states S|jpreme Court. tioner further submits that the facts and pr^sent case of petitioners are squarely Oourt in the case of Yashwant Kumar l^arned counsel appearing for the a|id agrees with the averments made by letitioner. i is allowed in terms of the decision of ihwant Kuamr Bharadwaj subject to her the petitioner has acquired B.Ed. per the circular dated 24.12.1998 and^ ^j XI-HC-78 *ll*1WISh*11<h ^sg' 3Tpn?pr, »Tfl.tf'i6,Rdi'yy f^.f..7!.7^<.i^.^ 200 3ll^i ^iath ('iF'^l^T) aiT^TWf^lNi ga(T3IWTshHi«h BTdRKdfltTSn^T 1.3.1999 and further whether he h or not. No order as to costs. »hi<if<i<(1-( iiiciTfftec3'<Ri«;i< ^srf^R'gn^T as been paid two advance increments Sd/- Dhirendra Mishra Judge ^v/-\ P.T.O.