K-t c- - ^ . \_M\ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH PETITIONER W.P.(S). NO.(S~733/2006 : /- HIRALALYADAV Ageabout40year, S/o Shri L. R. Yadav Asstt. Teacher, Primary School Rasota Block-Palari, Distt. - Raipur (C.G.) VERSUS RESPONDENT <^ Ly /1. State Govt. of Chhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) ^ 2. District Education Officer Raipur, District-Raipur(C.G.) ^3. Block Education Officer Palari, District-Raipur(C.G.) WRIT PETITION UNDER ARTICLE 226/22T0F THE CONSTITUTION OF INDIA Petitioner most humbly submits as under:- _L^£- XI-HC-78 sn^rw R^icb (rarsn^Tsbiii* *II*IMI a>*n^i 3^^Trai?PT, CTTHd'ls, Rldltiy .^^..^^g./.?^ '^ ^200 3n^?r iraq; (iipflgg^r) e^tTraTdfNan^T 11.12.2006 9nn Somkant Verma, coi Smt. Anju Ahuja G.A. for The petitioner is worki; School. !n the course of his sen obtained B.Ed. certificate at his Acoording to tearned two advance increments in view Yashwant Kumar Bharadwaj |nse! for the petitioner. |he respondents/State. i|ig as Assistant Teacher in Government i|ice as Assistant Teacher, the petitioner has c|wn expenses before 1.3.1999. coufisel for the petitioner, petitioner is entitted to ofthe decision of this Court in the case of Vs, Mynicipal corporation, Dura and another reported in 2008 12} f Yashwant Kumar Bharadwaj. Vs (supra), came to the conc!usi| B.Ed./B-T.I. Examination Certiflclate the circutar dated 24.12.1998 i; Pradesh. Further in the matter of M.P. and others reported in 2j Administrative Tribunal, Gwaliorl 1.3.1999 wherein it is provide|d acquired B.Ed. degree at their shall be entitled to two advanct case of Rakesh Kumar Shrivt others passed in Original Applicj wherein it is observed that th4 applicable retrospectively. Thusj has obtained B.Ed. degree be|f increments. »i<<tfi<fl-<*<iiiiTffteifl'<Riwi< ii31^T3D^T IIPJR - CG 68. This Court in the case of j. Municipal Corporation, Durg and another ibn that the teachers, who had obtained on their own expenses, are covered by jsued by the State Government of Madhya Bmt. Manorama Shrivastava Vs. State of (11 MPLSR 138, the Madhya Pradesh Bench while considering the circular dated that the Assistant Teachers who have wn cost between 23.10.1964 and 7.5.1973 i increments, relied on the decision in the astava Vs. State of Madhya Pradesh and ation No. 1632/1999 decided on 12.10.1999 circular dated 1.3.1999 cannot be made a teacher may be Assistant Teacher, who 'ore 1-3.1999 is entitted to two advanced P.T.O. XI-HC-78 sn^T^iTf^ri?; (rar3n^r*Ki«b < ^ ^ qi^<iTTaiHI^ 3^ '<II<4IC1<(, ®Tn.*1'16,Rlcll^y ..W.P.67.3>3/.F>.fc.. w ^ 20G an^wra^ (^qig^ET) ?^iTWflf?tT 311^1 )t is pointed out by the that the then State of Madhya against the orders passed by tfie Tribuna! and the Hon'ble Supreme Court dismissed the Special Leave F|etition No. 1999/2000 filed against the order of the tribunal. Therefore, the 1.3.1999 cannot be made appli Teachers, who have obtained decision ofthe Hon'ble Suprem| Learned counsei for tM ^)<4l^i41'i iTw^t' ^' te^f <f^i'K.i< ^3(Kl*i sn^r learned counsel appearing for the petitloner Pradesh had filed a Special Leave Petition Hrection to the effect that the circuiar dated |:able retrospectively, passed by the Tribunal, becomes final and the sam^ shall be applicabfe to all the Assistant B.Ed./BTI certificates before 1.3.1999. It is further substantiated by a circi(lar dated 17.10.2003 issued by the present State of Madhya Pradesh wt)erein the cireular clearly states about the fe Court. petitioner further submits that the facts and question of law involved in tjie present case of petitioner are squarely covered by the decision of tlfiis Court in the case of Yashwant Kumar Bharadwaj (supra) to whi^h learned counse! appearing for the respondent/State fairly conced learned counsel appearing for t Accordingly, the writ p this Court in the matter ofYash|want Kuamr BharadwaJ subject to verification ofthe fact as to whether the p^titioner has acquired B.Ed. certificate at his own expenses as per the circul whether he has been paid twc costs. ^s and agrees with the averments made by ^ie petitioner- yition is aliowed in terms of the decision of ?r dated 24.12.1998 and 1 .3.1999 and iurther advance increments or not. No order as to Sd/- Dhirendra Mishra Judge P.T.O.