^; c^i <y> IN THE HIGH COURT OF CHHATTISGARH, AT - BILASPUR WRIT PETITION (S) N0. ^^^ QF 2006 PETITIONER CHARNDR^SHEKHAR WAZALWAR AGED -^^^EARS SON OF MADHUKAR RAO POSTED AS - LECTURER, V^-'^...-* AT - GOVT. P. G. B. T. COLLEGE, z. ,\A^^••y ..••'''' BILASPUR (C. G.) Iff-1' ..•"' DISTRICT - BILASPUR (C. G.) f^y' ar > 4^/ ;^y y R/0 TILAKNAGAR, BILASPUR ;';';•• ><?' ,y VERSUS RESPONDENTS 1. STATE OF CHHATTISGARH,. THROUGH - THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION D. K. S. BHAWAN, RAIPUR 2. THE DIRECTOR, PUBLIC INSTRUCTIONS, CHHATTISGARH H. Q. - RAIPUR 3. THE PRINCIPAL, GOVT. P. G. B.T. COLLEGE, BILASPUR DISTRICT - BILASPUR (C. G.) WRIT PETITION UNDER ARTICLE - 226 & 227 OF CONSTITUTION OF INDIA -o .C)"1' ^/ f2-7 HIGILCOURTOF CHHATTISGARH M'BILASPUR W, P, (s)J<o. 5874_of 2006 Petitioner : ChaD.drashelchar Wazalwar Versus Respondents : State of Cbliattisgarh & others Sin^e Bench; HonTile Mr. Justice Satlsh K. Agnlhotri. Shri V. Deepak Rao, Advocate for the Petitioner. Siat. Anju Ahuja, Govt. Advocate for fhe State/respondents. ORDER (31rt0ctober, 2006) The petitioner is worldng as Lccturer in fhe govemiaent school. In the course of his service as Lecturer, the petitioner bas obtained B. Ed. examination certificate on his owu expeases before 1.3.1999. According to leamed counsel for fhe petitioner, the petitioner is entitled to two advance iiicremen.ts in wiew offhe decision oftihis Court in the case of Yashwant Kuinar Bharadwai Vs. Mumcroal Corporation. Dura and another {2006 (II) MPJR-CG 96}. This Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and anofher (Supra), came to fhe conclusion fhat the teachers, who had obtained B. Ed. /B.T.I. Examination Certificate on fheir own expenses, are covered by the circular dated 24.12.98 (Aunexure P/3) issued by the State Govermnent of Madhya Pradesh. F^irther in tfae matter of Smt. Manoiaiaa SIirivastava Vs. State of M.P. and ottiers { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Admmisteative Tribunal, GwaUor Bench, whfle considering the circidar dated 1.3.1999 whcrein, it is provided fhat the Assistant Teachers, who have acquired B.Ed. degrce at fhcir own cost between 23.10.1964 and 7.5.1973 shaB be entitled to two advance increments, relied on decision ia the caae of Rakesh Kuinar Sbrivastava Vs. State of M.P. & others passed in O.A.NO. 1632/99, decided on 12.10.1999 wherein it is obsenred that the cwcular dated 1.3.1999 cannot be made applicable retiospectivety. Thus, a teacher, inay be Assistant Teacher, who has obtamed B.Ed. degree before 1.3.1999 is entitled to two advancc increinents. 11 It is pointed out by teamed counsel appearing for the petitioner that the then State of Madhya Pradesh had ffled a Special Leave Pfetition ^ainst fhe orders passed by ftie Tribuiial and fhe Hon'ble Supreme Court dismissed Special Leave Petition No. 1999/2000 filed against fhe order of fhe TribuaaL Therefore, the direction to the effect fhat ftie circular dated 1.3.1999 caauot be made appMcable retrospectivcly, passed by the Tribunal, becomes final and fhe same shaU be appUcable to atl fhe Assistaat Teachers who have obtained B.Ed./B.T.I. examination certificate before 1.3.1999. It is further substantiated by a circular dated 17.10.2003 issued by the present State of Madhya Pradesh wherein the cssular clearly states about the decision of fhe Supreme CourL Learaed counscl for the petitioner fiirther submits that the facts and question of law involved in the prcsent casc are squarety covered by decision offhis Court in the case of Yashwaat Kiunar Bharadwaj Vs. Municipal Corporation, Dux^ and another (Supra), to which leamed counsel appearing for the respondcnts fau-fy coacedes and agrees with fhe avenaent made by leamed counsel appearing for fhe petitioner. Accordingty, the writ petition is aUowed in terms of the order passed ni the case ofYashwant Kumar Bharadwaj Vs. Muiiicipal Corporation, Dui^ and anofher (Supra), subject to verification of the fact as to whefher the petitioner has acqzured B. Ed. Exauunation Certificate on his own expenses as per fhe circulars dated 24.12.1998 l.3.1999 and fiufherwhether he has been paid two advance iacreinents or not. No order as to costs. Bablu Sd/- Satish K. Agnihotri Judge