fT^ftlt. (2) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S} N0(£ /2006 PETITIONER ^•' ^/ .-^^v u..-'/»y\y ^74a?' /./^y »°" <y^y <?v' ^f RE'S'PONDENTS PushplataThakur D/o Shri Jitendra Nath Thakur Age about 40 years, AssistantTeacher, Janpad Primary School, Bandha, Block - Takhatpur, Distt. - Bilaspur (C.G.) VERSUS State Govt. of Chhattisgarh Through: Secretary, School Education Department Ministry, D.K.S. Bhavan, Raipur (C.G.) District Education Officer Bilaspur(C.G.) Block Education Officer Takhatpur, Distt. - Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Petitioner most humbly submit as under:- _ ^0' ^"P^'c^^ <-*'l'^' / 1 '-»$''* if •^ i.-. HI6H COURT OF CHHATraS6/lRH AT BILASPUR W. P. (S) No. 6888 of 2006 Petitioner : Shatruhan Lal Verma Versus Respondents: • State 6ovt. of Chhatf-isgarh & o+hers W. P.fSlNo. 6890 of 2006 ^ Petitioner : Aditya Khare Versus Respondents; State 6ovt. of Chhattisgarh A cmother W. P. f5) No. 6906 of 2006 Petitioner : ' Monharan Kumar Verma Versus Respondents; State ©ovt.of Chhattisgarh & others And W. P. (5) No. 6907 of 2006 Petitioner : Pushplata Thakur Versus Respondents: State Govt.of Chhatf'isgarh & others Single Bench: Hon^le Mr. Justice Satish K. Agnih<rtri. Present: 5hri Ajay Shrivostava, Advocate for the Petitioner(s). Smt. Anju Ahuja, Deputy 6ovt. Advocate with Ms. Sunita Jain, Panel Lawyer for the State/respondents. ORDER >th (Passed on 13Tn day of December, 2006) 1. The petitioners are workin9 as Assistant TeachersA^cturers in the 9overnment schools. In the course of their services as Assistnnt Teachers/Lec+urers, •the petitioners have obtained B.Ed./B.T.I. examination certificates on their own expenses before 1.3.1999. 2. Writ Petition (5) No.s 6888/2006,6890/2006. 6906/2006 and 6907/2006 are being disposed of by this common order as the facts and question of law involved in these petitions are common. 3. According to learned counset for the petitioners, the petitionersare entitled to two advance increments in view of the decision of this Court in the case of Yashwont Kumar Bharadwai Vs. Municioal CorDoration. Durq and another {2006 (H) MPJR-C6 96}. This Court in the case of Yariivwnt Kumar Bharadwaj Vs. Municipal Corporation, Durg ond another (Supra), came to the conclusion -rtiat the teachers, who had obtained B. Ed./B.T.I. Examination Certificate on their own expenses, are covered by -the circular dated 24.12.98 (Annexure P/7) isajed by the State Government of Madhya Pradesh. 4. Further in +he matter of Smt. Manorama Shrivastava Vs. State of M.P. md others { 2000 (1) M.P.L5.R. 136 } -the Madhya Pradesh State Administratiye Tribunal, fiwalior Bench, while considering the circular dated 1.3.1999 wherein, it is provided that the Assistant Teachers, who have acquired B. Ed. degree at their owm cosf between 23.10.1964 ond 7.5.1973 shall be entitled to two odvonce increments, relied on decision in the case of Rakesh Kumar Shrivostava Vs. State of M.P. & others passed in O.A. No. 1632/99, decided on 12.10.1999 wherein it is observed that the circular da+ed 1.3.1999 cannot be made applicable retro^iectively. Thus, a teacher, may be Assistant Teacher. who has obtained B. Ed. degree before 1.3.1999 is entitled to two advonce increments. 5. It is pointed out by learned counsel oppearing for the petitioners that the then 5+ate of Madhya Pradesh had filed a Special Leave Petition against the orders passed by •the Tribunal ond the Hon'ble Supreme Court dismissed Special Leave Petition No. 1999/2000 filed against the order of the Tribunat. Therefore, the direction to the effect that +he circular dated 1.3.1999 connot be made applicable retrospectively, possed by the Tribunal, becomes final and the same shall be applicable to all -the Assistant Teachers who have obtained B. Ed./B.TJ. examination certificate before 1.3.1999. It is further substantiated by a circular chted 17.10.2003 issued by the present State of Madhya Pradesh wherein the circular clearly states about •the decision of the Supreme Court. 6. Learned counsel for the petitioners further aibmits that the facts ond question of law involved in the present case are squarely covered by decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), to trfiich tearned counsel appearing for the respondents fairly concedes and agrees with the averment made by learned counsel appearing for the petitioners. -<(* 8. Accordingly, +he *wit petitions are allowed in terms of the order passed in the case of Yashwant Kumar Bharadwoj Vs. Municipal Corporation, burg ond another (Supra), subject to verification of the fact as to whether the petitioners have acquired B. Ed./B.TJ. Examination Certificate on their own expenses as per the circulars dated 24.12.1998 ond 1.3.1999 and further whether they hwe been paid two advcmce increments or not. No order as to costs. A copy of this order be placed on record in connected matters. Sd/- SatishK.Agnihotri Judge SiAhash