PETITIONER IN THE HIGH COURTOFJUDIGATUREATBILASPUR CHHATTISGARH W. P.(S). N0.^72g /2Q06 ^^Shankar Lal Verma Ageabout46year, S/oShriK.R.Verma Asstt. Teacher,Govt. Middil School Sunhavan Block. -Palari Distt. - Raipur (C.G.) VERSUS 1. StateGovt.ofChhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-RaipLir(C.G.) 2. District Education Officer Raipur, District-Raipur(C.G.) 3. Block Education Officer Palari, District-Raipur(C.G.) RESPONDENT (^\ ^ .\^ ^.y ^y >-' G>- WRIT PETITION UNDER ARTICLE 226/^7 OF THE CONSTITUTION OF INDIA Petitioner most humbly submits as under:- -CL 3."',...-< I*' XI-HC-78 sn^Twf^iNi (raTsn^Tstiiiqi *11*1CTI $h*<l<h 3^ '<iNi<n<i, dTJlwitf, l»ictiyll< ( \[•) ^^^e.a)..^58/0^200 3n^?rqa^ ('^3^^r) esnwdfeTsn^T Shri Somkant Verma, couifise! Smt. Anju Ahuja G.A. for q The petitioner is workin^ Schooi. In the course ofhis servi) obtained B.Ed. oertificate at his oi Accordng to learned Iwo advance increments jn view oounlsei another reoorted in 2008 (21 MPJR - CG 96. This Court in the case of Yashwant Kumar Bharacfwaj Vs.| (supra), came to the conclusic|n B.Ed./B.T.I. Examination Certific^t the cireuiar dated 24.12.1998 is4 Pradesh. Further in the matter of IVI.P. and others reported in Administrative Tribunal, Gwalior 1.3.1999 wherein it is Drovided acquired B.Ed. degree at their o(vn shall be entitted to two advanc^ case of Rakesh Kumar Shrivalstava others passed in Original Applica|ti wherein it is observed that thel applicable retrospectively. Thus, has obtained B.Ed. degree befj: increments. *i<ilfi<fl-i iiiciTffto^'iFii^K. ^srf^TSIT^T for the petitioner. (le respondents/State. as Assistant Teacher in Government ;e as Assistant Teacher, the petitioner has [<n expenses before 1.3.1999. for the petitioner, petitioner is entitled to bfthe decision of this Court in the case of Vs. iViunicipa! corDoration. Dura and Municipal Corporation, Durg and another that the teachers, who had obteined te on their own sxpenses, are covered by iued by the State Government of Madhya Smt. iVIanorama^ShriyastavaJ/s. State of 2(*0 (1) MPLSR 13S, the Madhya Pradesh pench while considering the circu!ar dated that the Assistant Teachers who have cost between 23.10.1964 and 7.5.1973 increments, relied on the decision in the Vs. State of Madhya Pradesh and tion No. 1632/1999 declded on 12.10.1999 circular dated 1.3.1999 cannot be made |a teacher may be Assistant Teacher, who bre 1.3.1999 is entitled to two advanced P.T.O. XI-HC-78 an^TW^tW (raT3I^Tst>*1 *ntfCfTSh*(|tb s^T^raTera', ©TflwKo,Ricfiyy .^f..^..^.?./^- 2- ^ 200 3n^?Ttraw (tjpig^Er) ewiwfff^rsii^r It is pointed out by the that the then State of Madhya against the orders passed by thi dismissed the Special Leave Pet|tion of tlie tribunal- Therefore, the di< 1.3.1999 cannot be made applica^ie becomes final and the same Teachers, who have obtained B^ turther substantiated by a circul^r State of Madhya Pradesh whej decision ofthe Hon'ble Supreme. Learned counsel for the question of law invoived in thej covered by the decision of this Bharadwaj (supra) to whieh| respondent/State fairly concede^ learned counsel appearing for th^ Accordingiy, the writ pet^ this Court in the matter of Yashwbnt ofthe fact as to whether the petji own expenses as per the circu!ar| whether he has been paid two ^idvai costs. <Di<iTa<i1-i '4iii?iTfft5CA<RlWI< ^srf^iTan^T e^rned counsel appearing for the petitioner Fjradesh had filed a Special Leave Petition Tribunal and the Hon'ble Supreme Court No. 1999/2000 flled against the order ilection to the effect that the circular dated retrospectively, passed by the Tribunal, |shall be applicable to all the Assistant .Ed./BTI certificates before 1.3.1999. It is dated 17.10.2003 issued by the present |ein the circular clearly states about the ;ourt. t)etitioner further submits that the facts and present case of petitioner are squarely Court in the case of Yashwant Kumar learned counsei appearing for the and agrees with the averments made by petitioner. tion is allowed in terms of the decision of Kuamr Bharadwaj subject to verification :|tioner has acquired B.Ed. certificate at his Idated 24.12.1998 and 1.3.1999 and iurther idvance increments or not. No order as to Sd/- Dhirendra Mishra Judge P.T.O.