@?!ww!7® ®©1?;"A THE HIGH COURT OF CHHATTISGARH AT WRIT PETITION N0.6 "7& | /2006 PETITIONER ^-" Smt. DroupatiThakkur W/o Shri Kumar Singh Thakkur Age about 50 years, Assn. Teacher, Govt. Middle School, Govindpur Distt. - Kanker (C.G.) .o0<<. ^~ . ^ ^f^^ RESPONDENTS : 1. State Govt. of Chhattisgarh Through: Secretary, School Education Department Ministry, D.K.S. Bhavan, Raipur (C.G.) 2. District EducationOfficer Kanker(C.G.) 3. Block Education Officer Kanker (C.G.) ^. WRIT PETITION UNDER ARTICLE 226/22T OFTHE CONSTITUTION OF INDIA Petitioner most humbly submit as under:- G^ XI-HC-78 <<Tq<TT»)*l|ch 3^ "i|iqin<(, »TflyiS,Islftl+iy -4<:/.;.c.&2.(,.5t-p./. 3ll^l Macb (yi(^°l<^<T) sn^T^rfqqNi ^tsn^r giHR; SHfraiHfN'sii^'r +i<ifd41-f wq^FfflWrtRiwK. ^srf^tTan^r 07.12.2006 Shri Somkant Verma counsel |for the petitioner. Shri Somesh Bajaj GA for the|respondent/State. Petitioner is working as Teaoller his servioe as Teacher, she has pbtfeined before 1.3.1999. in a Government School. In the course of B. T.1. certificate at her own expenses According to learned counsel |for the petitioner, petitioner is entitled to two advance inorements in view of the d^cision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal c 2006 (2) MPJR - CG 96 wherein obtained B.Ed., M.Ed., BTI oertificat^s at their own expenses are covered by the ciroular dated 24.12.1998 issued byt Further in the matter of Smt. and others reported In 2000 Shrivastava Vs. State of Madhya circular dated 1.3.1999 oannot be krporation, Durg and another reported in it has been held that the teachers having ie State Govemment of Madhya Pradesh. Manorama Shrivastava Vs. Slate of M.P. :1) MPLSR 1%, the Madhya Pradesh Administrative Tribunal, Gwalior B^nch while considering the circular dated 1.3.1999 wherein it is provided th$t the teachers who have aoquired B.Ed. degree at their own cost between 2P.10.1964 and 7.5.1973 shall be entitled to two advanoe increments. relied on the decision in the case of Rakesh Kumar Pradesh and othere passed in Original Application No. 1632/1999 decided dfi 12.10.1999 wherein it is obsewed that the made applicable retrospectively. Thus, a teacher may be Assistant Teacher) who has obtained B.Ed. degree before 1.3.1999 is entitled to two advanced hcrements. It is pointed out by the learn^d counsel appearing for the petitioner that the then state of Madhya Pradesh h^d filed a Speoial 1-eave Petition against the orders passed by the Tribunal and the Hon'ble Supreme Court dismissed the XI-HC-78 *11*1WI shNlch 'sst '^wwt, w^\w\e, Riifiyy .W.'.ft.C.5.^.f:.7tO/ ^7 200<S 3TI^?ria<ti (yi^ciyr) sn^r SRT R-ii+ (raT3IWTsht|l«h ^o s^rrwofefsn^T Speoial Leave Petition No. 1999/2000 Therefore. the direction to the effeot th|at the circular dated 1.3.1999 cannot be made applicable retrospectively, passe| B-Ed./BTI certiflcates before 1.3.1999. oircular clearly states about the decisior^ question of law jnvolved in the present (| ^rat?pft;T wicft fffyS <Riwi< ^siRffl'sn^T filed against the order of the tribunal. pl by the Tribunal, becomes final and the. same shall be applicable to all the ^ssistant Teaohers, who have obtained It is further substantiated by a circular dated 17.10.2003 issued by the presei|it State of Madhya Pradesh wherein the ofthe Hon'ble Supreme Court. Learned oounsel for the petiti(|iner further submits that the faots and ;ase of petitioner are squarely covered by the deoision of this Court in the case c|f Yashwant Kumar Bharadwaj (supra) to whioh learned counsel appearing for t agrees with the averments made by lea ie respondent/State fairly ooncedes and ined counsel appearing for the petitioner. Accordingly, the writ petition is| allowed in terms of the decision of this Court in the matter of Yashwant Kuam|- Bharadwaj subjeot to verification of the faot as to whether the petitioner ha^ acquired B.Ed. certificate pt her own expenses as pertheciroulardated 24.112.1998and 1.3.1999 andfurtherwhether she has been paid two advanoe increm^nts or not. No order Sd/- Dhu'endra Mishra Judge -. ^s^ ^f^'^y J^ P.T.O.