•"<- PETITIONER ^o ,.ss'.<*• INTHEHIGH COURT OF CHHATTISGARH AT BILASPUR (CG) WRIT PETITION(S) NO.($S°^/2006 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIONOF INDIA, ^Motiram Dansena (B.Ed.), aged about 47 years, son of Shri Bansidhar Dansena, Assistant Teacher, Government Middle School Bar, Vikas Khand Baramkela, District Raigarh (CG) VERSUS 1. State of Chhattisgarh, through - Secretary, Department of School Education, Dau Kalyan Singh Bhawan, Raipur (C.G.) 2. District Edueation Officer - Raigarh 3. Block Education Officer, Vikas Khand Baramkela, District Raigarh (CG) RESPONDENTS ^^:^ .,..^:^^.;- .-^^^j^-1-"" ^ XI-HC-78 TS^^TRTRra, »T(1wis,RiMldy ^.p.G^^Mo-^gor/a^ to *11*1WI ShWch ^ 200 3n^?T ><a<n (yt^o^tT) sn^Twf^ira? Bm 3Tt^T a>*<Iqi TOTTWBfersn^r »i<ifCT<niii*«nTff{Wt<Ri«i< ^;3Tf^IT3T1^T 11.12.200e Shri A.N. Bhakta, counsel fot the petitioner. Smt. Anju Ahuja, G.A forth^ respondents/State. The petltioner is working Schoot. In the course of his service as Assistait Teacher in Govemmert as Assistant Teacher, the petittoner hsee obtained B.Ed. oertificateat his own|expenses befbre 1.3.1999. According to tearned counsep for the petitioner, petitioner is entitled to two advance increments in view of Yashwant Kumar Bharadwai Vt. Munteinal cwporation. Dwn and another reported In 2006 (21 MPJ Yashwant Kumar Bharadwaj Vs. l^ (supra), came to the conclusion B.Ed./B.T.I. Examination Certiflcatel e decision of this Court in the case of R - C©88. This Court in the case of unicipal Corporation, Durg and another that the teachere, who had obtained on their own expenses, are covered by the circular dated 24.12.1998 issu^d by the State Govemment of Madhya Pradesh. Further in the matter of Smt. Manorama Shriwastava Vs. State of IVI.P. and others reDorted in 20001 (1) MPLSR 136, the Madhya Pradesh Administrative Tritxinal, Gwalior Be^ch while eonsidertng the circular dated 1.3.19^ wherein It is provided tfiat the Asstetant Teachers who have acquired B.Ed. degrw at their owr^ shatl be entitied to two advance itlcrements, retied on ttie decision In the case of Rakesh Kumar Shrivast^va Vs. State of Madhya Pradesh and others passed in Originai Appllcatio|i No. 1632/1999decicled on 12.10.1999 wherein it is observed that the ci| applicabte retrospectively. Thus, a has obtained B.Ed. degree befor^ increments. cost between a.10.1964 and 7.5.1973 oular dated 1.3.1999 cannot be made :eacher may be Assistant Teacher, who 1.3.1999 is entitted to two advanced P.T.O. XI-HC-78 WW[T9WT9i 3^^TPn?PT, si-rflwis, Riciiuy ^[200 3<i^s>i >ia<t> (>i?ta°"<<T) 3n^rqirR-ii4i (W 3II^?T St)t<i<t> s^tiWEiferw^T Pradeteh /&Ti It is pointed out by the learne|l that the then State of Madhya against the orders passed by the dismissed the Speciai Leave Petition of the trlbunal. Therefore, the dlrectic|n 1.3.1999 cannot be made becomes final and the same shalll Teachers, who have obtained B.Ed.j further substantiated by a oircular daf State of Madhya Pradesh wherein decision ofthe Hon'ble Supreme Couit. Learned counsel for the question of law involved in the covered by the decision of this Bharadwaj (supra) to which respondent/State fairiy concedes and| leamed counsel appearing for the Accordingly, the writ petiton this Court in the matter of Yashwant of the fact as to whether the petitione|r own expenses as per the circutar datei|i whether he has been paid two costs. advanbe +i*it<-f*n-i Hi'«-iTfftoA<Ri*<;i< ^; sri^ir an^r counsel appearing fbr the petitioner had flled a Special Leave Petition Trittunat and the Hon'ble Supreme Court |\o. 1998/2000 filed egainst the ordw to the effect that the eircular dated applicable r^trospertivety, passed by the Tribunat, be appticable to ali the Assistant certificates befor®1.3.1^9. It is ted 17.10.2003 issued by the presert (he circular clearty states about the petiticjner further submits that the faets and pre^ent ease of petitioner are squarely in the case of Yashwant Kumar leajrned counsel appearing for the sgre^ with the avennents made by petitfoner. altowed in terms of the deoision of Kpamr Bharadwaj subjeet to verification has acquired &Ed. eertiflcate at his 124.12.1998 and 1.3.1999 and further increments or not. No order as to Sd/- Dhu-endra Mishra Judge P.T.O.