wan/LR ® S‘ingie Bench IN THE HIGH COURT OF CHHATTISGARH AT BILAspUR w.P.tS\No. Mzqf OF 2011. K . PETITIONER : Laxminath Sahu, — ‘R: aged about 43 years, Upper S/o. Shri Tulsi Ram Sahu, Division Teacher, Govt. Middle School Kirgoli, Block Kanker, District Kanker (C.G.) 5 V E R S U S RESPONDENTS :1. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) z’ 2. Assistant Commissioner, Tribal Welfare Department, Kanker, District Kanker (C.G.) / 3. Block Education Officer, Kanker, District Kanker (C.G.) 4. Treasury Officer, Treasury Account and Pension, Kanker, District Kanker (C.G.) /. 5. Joint Director, Treasury Account and Pension, Jagdalpur, Distt. Bastar at Jagdalpur (C. G.) g. ”WWW; mirlmmmwmmm Wra Wwmm @ ; @ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA _ w 3a WW, €§€WE3W NPmG‘Mmg/u warWW ..... FL zoo \y Shri Somkant Verma, ounsel for the petitioner. Shxi N.Naha Roy, P.L. r the Statt. Counsel for the petiti er submits that the petitioner is entitled to benem of two ad ce increments on account of he having passed B.T.I. exami tion in the year 1993 before his appointgaent at his own co t. It is submitted that the issue involved in the present petiti n is no longer res integra and the same has been unally decide by the Hou’ble Supreme Com in the case of Asha Saxena s. State of MJ’. & Ors. 2009 (ImMPJR (so) 59. It is further submitted that this Court has also taken a similar view in its order dat d 6.2.2009 passed in W.P’(S) No. 6257/2008. Counsel for th petitioners further submits that the order dated 29.4.201 passed in Writ Appeal NO. 124/2009, wherein relying u on the judgment of the Supreme Court in the case of Asha S ena (supra) and the order passed by this Court in another W t Appeal No. 87/2009, directions have been issued for conside tion of the case for grant of two advance increments as per c ular dated 21,9.1974 issued by the State of Madhya Prade h, after verification of the facts pleaded in the petition. Counsel for the State s bmits that case of the petitioner would also be considered on e same lines. seesaw 3211mm XI—HC 78 3a WW, @WR, W umwm Ia 200 mam amm wim- mm (whim) m 1m mam mam:1 &? muff sTfém 1§ m Fg‘ér tfmgm In view of above, the p tition is disposad of with a direction to the respondent au orities to decide the claim of the petitioner for grant of tw advance increments as per circular dated 21.9.1974 issu d by the State of Madhya \r Pradesh after verincation of the facts pleaded in the petition within a period of four months m today. It is made clear that this Court has not expressed any opinion on merits of the case and the authority concerned would be at. liberty to decide th same strictly in accordance with law. ........ W Sd/- Pritinker Diwaker Judge