SSKIsLE BEreC,w ( ^ c .{-' K-IO (' •^" ^ IN THE HIGH COURT OF JUDICATUREAT BiLASPUR CHHATTISGARH W.P.iSLNo^ 61 ^ 1 PETITIONER fc^ ^y^ .'.•••"\ ( ."• •<'?»•" ^o-" ^ ^ft''' \ ^> sf:'-'' >..•••\^- )>--" 6'y' /• Sushil Kumar Verma, S/o. Shri Malik Ram Verma, Aged about 41 years, Assistant Teacher, Girl's Primary School - Chaitma, Block - Pali, Distt- Korba (C.G.) A® .0-' VERSUS RESPONDENTS .0'0<" ^r^)" .0^ v'^^u ^p^ ^"^ v ^ ^1. State of Chhattisgarh & Others Through- The Secretary, Department of Tribal Welfare, D.K.S. Bhawan, Raipur (C.G.) 2. Commissioner, Tribal Welfare Chhattisgarh Govt. Raipur ,3. Assistant Commissioner, Tribal Welfare, Distt. - Korba (C.G.) /'' WRIT PETIUON UNDER ARTICLE 226 OF THE CONSTITUTIQN OF INDIA FOR ISSUANCE OF SUITABLE DIRECTION ETC TO DO JUSTICE IN THE MATTER. XI-HC-78 HTqi?TTS»»*11tft 3^'aipn?pr, siTflwis, Riciiuy . ^-p-)^&. (o%|7/&& W^ 200 3<i^i i^w (ly;it^'!i<<d') Sl^RTqa'f^TRR (Isn'3TI^T*t<i+ ^> waiWHfersTi^r 11.12.2006 Shri Anil Singh Rajput, counsel| Smt. Anju Ahuja G.A. ibr the The petitloner is vrorking as| School. In the course of his service as| obtained B.Ed. certificate at his own Acoording to learned counsel fc|i two advance increments in view of th^ Yashwant Kumar Bhacadwal Vs. another reDOrted in 2006 (21 MPJR 'st>i<iFci<l1-f iiici) fftei^t'<Ri^i< ^BlRllfSTI^T |for the petiUoner. re^pondents®tate. Assistant Teacher in Govemment [Assistant Teaoher, the petitioner has e>t?enses bsFore 1.3.1999. |r the petitloner, petitioner is entitled to deoision ofthis Court in the case of IMunfeipal corooration. Dum and - CG 96. Thts Court in the case of Yashwant Kumar Bharadw@ij Vs. Mun|lcipal Corporation, Duig and another (supra), came to the conctusion tti^it the teachere, who had obtahied B.Ed./B.T.I. Examination Certiflcate or1 the oircular dated 24.12.1998 issued Pradesh. Further in the matter of Smfc lltonorama Shrivastava Vs. State of their own expenses, are covered by by the State Qovanmert of Madhya M.P. and others reoorted in 2000 (1h MPLKl 136, the Madhya Pradesh Administrative Tribunal, Gwalior Bend 1.3.1995 whereinit is provicledthal ^ white considering the cireular dated the Assistant Teachers who have acquired B.Ed. degree at their own c<jst between 23.10.1964 and 7.6.1973 stiail be entitled to two advanc®incr^ments, retied on the dedsbn in the case of Rakesh Kumar Shrwastavai othere passed in Original Applioation fjfo. 1832/1999 deckled on 12.10.1999 wherein it is observed that the ciroul appiicabte retrospectively. Thus, a tea^her may be Assistant Teaoher, who has obtained B.Ed. degree before 1 inorements. Vs. State of Madhya Pradesh and iar dated 1.3.1^9 cannot be made 3.1999 is entttled to two advanced P.T.O. "'^-- R XI-HC-78 +11^MI SfiHT^i 3^'airaRW, aixn'H'Kc, f^dltiy , to-P. ^o.fc8'7/&fc ?T^ 200 an^rq^R (i^cii^cii^sr) 3n^r?ir^icf> (raTsn^raiiiN 'J WcnwHiN'sn^r it is pointed out t^ the leame(l that the then State of Madhya Pradf against the orders passed by the Trtt dismissed the Special Leave Petition of the tnbunat. Therefore, the directk 1.3.1999 cannot be made applicable becomes final and the same shat Teachers, who have obtained B.Ed. further substantiated by a circular di State of Madhya Pradesh wherein decision of the Hon'ble Supreme Cou< Leamed counset for the petitit^ner question of law invoived in the pr^s covered by the decision of this Cc|urt Bharadwaj (supra) to which te^ responctenVState fairiy concedes an<) learned counset appearing for the pet| Acoordingly, the writ petitlon| this Court in the matter ofYashwant K' of the fect as to whether the petitionf own expenses as per the circular dat^c whether he has been paid two adva| costs. counset appearing for the petitloner i^h had flled a Speoial i-eave Petition ^unal and ttie Hon'bte Supneme Court |No. 1999/2000 fited against the order )n to the efieot that the circuier dated •^trospectively, passed by the Tribunal, be applicable to all the Asslstant (BTt certificsrtes before 1.3.1M9. It is |ted 17.10.2003 issued by the present the circular cleariy states about the +i^Fd4)^ *<itidTfffei<a <Kiw< ^3l1^T3T]^T further submite that the facts and isent case of petitioner are squareiy in the case of Yashwant Kumar imed counsei appearing for ttie agrees wtth the averments made by loner. is allowed in terms of the decision of •uamr Bharadwaj subject to veriflcation >r has acquired B.Ed. certificate at Ws d 24.12.1998 and 1.3.1998 and further ice imrements or not. No order as to Sd/- Dhirendra Mishra Judge P.T.O. <$-