§!K'"jp R-'.^V '^-t.^^^.t-..;^, i;^'^;'- i?;^. C' //sr'f^a^ '"•»-.. IN THE HIGH COURT OF JUDICATUKE AT BILASPUR (C.G.) W.P.(s) ·&o....&.^l..f3..../2QO^ PETITIONERS: ^ 4'^\ ,"'"ry ") N" ..-"^£ '..e/^- / ^.^ « / ^'. w& m S'SI •^ ^,^;^/;..;.-^^' '"'"'"".s.^^-s-'^ y 7. Smt. Rajnigandha Pathak Aged about 42 years W/0 Shri P.K.Pathak R/0 SE 587,CSEB Colony, Korba 'District Korba (Chhattisgarh) Smt. Prabhavat-i Pandey ' Aged About 51 years,• W/0 Shri Bhola Prasad Pandey, R/'O Prem Nagar Rajgamarg, Distt Korba(CG) Hemlata Sharma Aged About 45 years, D/0 Shri K.P.Sharma, R/0 Q.No. F- 3,Ditstrict Hospital Coiony Korba, Distt Korba (GG) Smt. Sukhmani Lakda Aged About 47 .years, W/0 Shri Avishay Lakda, R/0 Q.No. M 43,Rajgamarg Colony, Korba, Distt Korba (CG) Mahasingh Jagat Aged About 40 years, S/0 Shri R.S.Jagat, R/0 Asst. Teacher,Govt. Middle School Bddri, Block Bilha, Distt Bilaspur (CG) Jeevan Singh Kshatriya' Aged About 47 years, S/0 Shri Goutam Singh, R/0 Assit. Teacher, Govt.Girls Primary School, Padiyain, Block Patharia, Distt Bilaspur (CG) Punaram Sahu »<•' »•..\& > "'^ •--:•&.. / 9. 10 /11 12 RESPONDENTS: VERSUS 1. Aged About 40 years, S/0 Shri Itwari Ram Sahu, R/0 Post Souda, Block Pafharia, Distt Bilaspur (CG) Gopal Prasad Sao Aged About 43 years, S/0 Shri J.R.Sao, R/0 DM/24, Ompur Colony, Rajgamar Distt Korba (CG) Gopal Singh .Patel Aged About 41 years, S/0 Shri D.D. Patel, R/0 Q.No. M/783,0mpur Colony,Rajgamar Distt Korba (CG) Vij aya Kumar Sharma Aged about 45 Years, S/0 Shri S.L.Sharma, R/0 Q.No. DM/83, Ompur Colony, Rajgamar, Distt. Korba, (CG) Sunil Kumar Tiwari Aged About 42 years; S/0 Shri R.K.Tiwari , R/0 Village. Bahera, Post Mohtara, Tahsil Bemetara, Distt Durg (CG) Smt Kiranlata Sharma Aged About 39 years, W/0 Shri K.V.Sharma, R/0 Assistant Teacher,Govt. Priaary School Awarind, Block Navagarh ,Distt Janjgeer- Champa (CG) State of Chhattisgarh Through the Secretary Department of Education, D.K.S. Mantralaya School Bhawan <>j ^s^isg^' A '•• c'^"tT' -S.^Mlg^^ "^:-!x;- ,^a. ;7-r; ApARNA \ia^,' li0! Ui&l^iW Ij' tFi MA, w» Raipur (Chhattisgarh) ' 2. The Assistant Commissioner, Tribal Department Bilaspur DLstrict Bilaspur(CG) 3. The Assistant Commissioner, •Tribal Department Korba 'District Korba(CG) / 4. District Education Offi'cer Bilaspur District Bilaspur(CG) ,5. District E'ducation Officer Durg District Durg(CG) 6. District Education Officer Korba District Korba(CG) .7. District Education Officer Janjgeer-Champa, District Janjgeer-Champa(CG) 8. The Director of Public Instruction, Pensi'on Bada, Raipur, (CG): WRIT PETITION TJNDER ARTICLE 226 OF TBE. CONSTITUTION OF INDIA OF ISSUANCE OF APPROPRIATE WRITS OP MANDAMUS AND CERTIOKARI AND FOR OTHER SUITABLE WRITS BND DIRECTIONS: 1. pARairam' HI6H COURT QFCHHAmS<5ARH AT BILASPUR W.P.(SlNo.866of 2007 Petitioners Smt. ftoijniguidha Pathak and oAers Versus Kespondents State of Chhattisgarh A others /' Single Bench: Hon'ble Mr. Justice Satish K. Agnihotri. Ms. Sunita Jain, Adwcate for Ihe Petitioner's. AAs. beepali Pondey, Ponel knwyer for the State/respondents. !' ^ Oft&Eft (Passed on -this 13th day of February, 2007) 1. TTie petitioners are working os Assistant TeachersA.ecturers in •the govemment school. In -the course of their services as Assistimt Teachers/Lecturers, -the petitioners hwe ob-tained B.Ed. Examination Certificates on their own expenses befope 1.3.1999. 2. Leamed counsel appearing for -the petitioners submits -fhat the question invofved, herein asto whether the teachers, who obtamed B.Ed. Examination Certificates on their own expenses, are entitted to two advance increnients. 3. According to leum&d counsel for the petitioners, the petitionersare entitled to Iwo advcnce increments in view of Ihe decision of this Court in the case of yaslwarrt- Kuniar Bharodwa^ Vs. Municipal CorporatiMi. Durg and another (2006 (D3 WJR-C6 96}. This Court in the case of Yadiwwit Kumar Bhnradwaj Vs, AAunicipal Corporation, Our9 ond another (Supra), came to -the conclusion •thal -the ted^iers, ^ who had obtained B. Ed. /B.T.I. Examination Certificate on their own Kxspense.s, are covered by the circular dated 24.12.98 (Annexure P/7) issued by -the 5'tate Sovemment of AAndhya Proderfi. Leamed counsel for the petitioners furt+ier submits that the facts and question of faw involved in the present case are squurely covered by decision of this Court in -the case of Yaslwant Kumar Bharadwty Vs. Municipal Corporation. Durg and another (Supra), to which leamed counsel appearing for the respondents fairly concedes and agrees with the averment mode by leamed counsel appearing for the petitioners. Accordingty, the writ petition is allowed in terms of the order possed in the case of Yashwant Kunar Bharadw<y Vs. Municipal Corpm'ntion. Dwg and another (Supro). subject to verification of the fact as to whether the petitioners have ccquired B. Ed. Examination Certificates on their own expenses as per 1+»e circukirs dated 24.12.1998 & 1.3.1999 and ftirther whether they have been paid two advance increments or not. No order as to costs. Bablu Sd/- SatisbKAgnihotti Judge