1 SIWSIS BP^fs?J1 In the Honble Hicih Court of Chhattishgarh at Bilaspur {C^J W.P. (S) No. ^82.^- 2006 Petitioner .................; DhalSingh Sahu Aged 49 years S/0 Shri BhagatRam Sahu, AssistantTeacher, •^-•c^'G ^s^- >e'J*.- &..^* ^w^'w Respondent... . •f Govt. Primery School, Umarpoti, ,District, Durg (C.G.) V E R S U s 1,The State Government of Chhattishgarh, Through the Secretary, Education Department D.K.S. Bhavan, Raipur(C.G.) ^-^IJ^e^ ^' 2. The Btecl< Education Officer, Durg (C.G) .'^' Writ petition under articles 226/227 of the Constitution of India for jssyance of writ in the natyre of n/IANDAMUS.Certiorari, Prohibition and other suitable WRIT or writs, Order or orders, Direction or directions. r XI-HC-78 qTRpfT^trrqi 'S^ •^l'yicl'M, aTflti'is, Ri(ii*iy ^.p^^"fc82:;^ 200 Sll^l ><a«»(yi(^qi,eT) 3fi^?r^rR-fi<ti (IW 311^1 sbt<i+ .^ s^rraTCTf^cTsn^r 11.12.2006 Shri Ajay Shrivastava, oounset| Smt. Anju Ahuja G.A. for the The petitioner is woriwig 34 School. In the course of his service a^ obtainaj B.T.I. certificate at his own According to learned counsel tvro advance increments in view of tht Yashwant Kumar Bharadwai Vs. |for the petitioner. re|sponctents/State. Assisiant Teaoher in Govemment Assistart Teacher, the petitloner has e^penees before 1.3.1999. ft|)r the petitioner, petitioner is entitled to ife decision of this durt h the case of Munlcipal corDoratkm. Dum and another reDorted in a»8(2» MPJR Yashwant Kumar Bharadwaj Vs. Mutticipal (supra), came to the conclusion tli|at B.Ed./B.T.I. Examination Certificate oi|i the circular dated 24.12.1998 Issuedl Pradesh. Further in the matter of Smt M.P. and others reoorted in 2000 (1 Admtnistratwe Tribunal, Gwalior Bencfi 1.3.1999 wherein it Is provided tha{ acquired B.Ed. degree at their own shall be entitled to two advance incr^ments case of Rakesh Kumar Shrivastav^ othere passed in OTQinal Application wherein it is observed that the circUiar appllcable retrospectively. Thus, a te^cher has obtained B.Ed. degree before 1| incremente. <*wlri<fl-i *<iti<rfTifrs'<rl <Rit<i< ^)3l1^T3II^T - CG 96. This Court in the oase of Corporation, Duig and anrther the teachers, who tad obtained their own expenses, are covered by by the State Oovemment of Madhya Manorama Shrivastava Vs. State of ) MPLSR 136, ttie Madhya Pradesh while considering the cireular dated the Assistant Teachere who have between 23.10.1964 and 7.6.1973 ^ments, reiied on the decl?ton in the Vs. State of Madhya Pradesh and \to. 1632/1899 decided on 12.10.1999 dated 1.3.1999 cannot be made may be Assistant Teacher,.who 13.19S9 is entltted to two advaaced- citst iMo P.T.O. XI-HC-78 3D^r?>rR.fi°b (WT 311^1 shW* *nflWI Sh*1icb a^'^ira^iq-, aiTn«iis,IqctKriy ^.p:OJ.N-<S8^/^ ^ 200 an^riRW (yi(^qqir) ^giwdflcran^r teanlied shtitl i.Eill.i It Is pointed out by Uie that the then State of Madhya Prafiesh against the ordere passed by the T^ dismissed the Special Leave F^titic|n of the tribunal. Therefore, the direc|tion 1.3.1999 cannot be made applicabl^ becomes final and the same Teacheis, who have obtained B.l further sitostantiated by a cireular State of Madhya Pradesh whereii|i decision ofthe Hon'ble Supreme Learned counsel for the petif question of law involved in the p^ oovered by the decision of this qcwrt Bharadwaj (supra) to which respondent/State fajrly concedes iearned counsel appearing for the Accordingly, the writ petitio^ this Court in the m^ter of Yashwantl of the fact as to whether the petitiotier own expenses as per the circuiar daf whether he has been paki two costs. counsel appeartng for the petittoner had flled aSpeciai Leave Petltion rtbunal and the Hon'ble Sypreme Ctourt No. 19M/ZX10 filed against the order to the eflect that the oircular dated retrospeetivety, passed by the Tribunal, be applicable to ali the Assistant l./BTI certificates befbre 1.3.1^. It is <|iated 17.10.2003 Issued by the present liji the circular cleariy states about the +l*lTf|in-f tllllcfT^TsKil <R]<^1< ^?3rf^T3tI^T CoMrt. tioner further submits that the facts and ^esent case of petitioner are squarely in the case of Yashwant Kumar l^arned counsel appearing for the ai|id agrees with the averments made by p^titioner. is aflowed in terms of the decision of |Kuamr Bharadwaj subject to verincation has acquired B.T.I. certiflcate at his ted 24.12.1998 and 1.3.1^9 and lurther increments or not No order as to adv^nce Sd/- Dhirendra Mishra Judge ^^-- )° ^ P.T.O.