C^i^L^ ^r iN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. 6^^-/20Q6 PETITIONER A ^y^ ^>^/ ^- Jt \ ...-•' •^•'J ..••" <• ..<s'k L-**" :••• ^^vy ' ^rf^ ^l. REBPONDENTS /• Smt.DiptiTiwari, W/o Shri AjayTiwari, Ageabout41 years, Lecturer, Govt. Multipurpose HigherSec. School Durg, Distt. - Durg (C.G.) VERSUS 1. State Govt. of Chhattisgarh Through: Secretary, School Education DepartmentMinistry, D.K.S. Bhavan, Raipur (C.G.) ^ 2. Director of Public Instruction ^ Durg (C.G.) /- 3. District Education Officer Durg (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDtA Petitioner most humbly submit as under:- s^- ^p^^ ^'\ fl^\ ^ HIGH COURT OF CHHATnSGARHATB!LASPUR W. P. (sl No. 6105 of 2006 Petitioner : Prem Sukh Sahii Vcrsus Respondents : State Govt. ofChhattisgarh & aaother W.J'. {s} No. 6JQ6 of2Q06 Petitioner : Rohit Kumar Chaadrakar Versus Respondents : State Govt. ofChhattisgarh & others Petitioner Respondents Petitioncr Respondents Petitioner Respondents Petitioner Respondents Petitioner Respondents W. P, fe) No, 6107 of 2006 Smt. DiptiTiwari Versus State Govt. ofCUhattisgarh & others W. P. (s) No. 6109 of2006 Ramesh Kuinar Hirwani Versus State Govt. ofChhattisgarh & otfaers W, P. fo) No. 6110 of2006 Sanjay Kuinar Singh Vcrsus State Govt. ofChIiattisgarh & ofhcrs W. P. Is) No, 6119 of2006 Babulal Deshniukh Vcrsus State Govt. ofChhattisgarh & ofhers And IV, PJslNo^612(Lof30Q6 Vcrsus Dwarika Prasad Dewangan 1 State Govt. ot'Chhattisgarh & othcrs Single Beacli: Hon'ble Mr. Justice Satish K. Agnlhotrl. Shri Ajay Shrivastava, Advocate for thc Petitioners. Smt. Anju Ahuja, Dy. Govt Advocate for the State/respondents. O R D E R (8th Novemher, 2006) The petitioners are woifcing as Assistant Teachers/Lecturers in fhe goveniment schools. In fhe course of their services as Assistant Teachera/Lecturers, fhey have obtauicd B.Ed./B.T.I. examinatkxn certificates on their own expenses before 1.3.1999. Writ Petitkui {s) No.s 6105/2006, 6106/2006, 6107/3006r 6109/2006, 6110/2006, 6119/2006 aiid 6120/2006 are feeiag disposed ofbyfhis eoiainon orderas the facts and questioa oflaw involved ia these petitions are coiamon. Aecofduig fe leanned eounsel for fhe petitioners, the petitioners are entitled to two advance increnients in view of thc decision of fhis Court in the case of Yashwant Kumar Bharadwai Vs. Mumciual CorDoratiou, Dure and another {2006 (II) MPJR-CG 96). This Court in the case of Yashwaat Kumar Bharadwaj Vs. Municipal Corpdration, Durg and aaother (Supra), came to the coaclusion that the teachers, who had obtamed B. Ed. /B.T.I. Examiaation Certificate on tiheir own expenses, are covered by fhe CHCular dated 24.12.98 (Annexure P/l) issued by fhe State Govenunent ofMadhya Pradesh. Purther in the matter ofSint. Maaoraina SIirivastava Vs, State of M.P. and ofhera { 2000 (1) M.P.L.S.R, 136 } the Madhya Pradesh State Admiiustrative Tribunal, Gwalior Bench, whflc consKleriag fhe circular dated l.3.1999 wherein.it is piovided that the Assistaat Teachers, who have acquired B.Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shall be entitled to two advance mcremcnts, relied on decision in thc case of Rakesh Kiunar Shrivastava Vs. State of M.P. & othcrs passed in O.A.No. 1632/99, decided on 12.10.1999 wherem it is observed that the ctrcular dated 1.3.1999 cannot be made applicable retrospectivety. Tbus, a teacher, may be Assistant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitled to two advance increments. ——— .^ ^- It is pointed out by teamed counsel appearing for fhe petitioaera fhat the fhen State of Madhya Pradesh had filed a Special Leave Pfetition against the orders passed by the Tribunal aad the Hon'ble Supreine Court disinissed Special Leave Ptetition No. 1999/2000 fBed against tiie order ofthe Tribunal. Therefore, the direction to the effect that the circular dated l.3.1999 cannot be made appUcable retrospectively, passed by fhe Tribunal, becoines final and the same shaU be applicable to all the Assistant Teachers who have obtained B.Ed./B.T.I. Exammation Certifk-ates before 1.3.1999. It is further substantiated by a circular dated 17.10.2003 issued by the present Stete of Madhya Pradesh wherein the circular clearly states about fhc decision of the Suprcme C^>urt 6. Leamed couns»elfor the petitioncrs Iru-fher submits fhat fhe facts and question of law involved in the present case are squarely covered bv decision ofthis Court in fhe case of Yashwant Kumai- Bharadwaj Vs, Municipal Corporation, Durg and another (Supra), to which leamed counsel appearing for the respondents •fairly concedes and agrees with the avennent made by leamed counsel appearing for the petitioners. 7. Accordiugty, these writ petitions are aUowed in terms of the order passed in the case of Yashwant Kiiniar Bharadwaj Vs. Muaicipal Corporation, Durg and aaofher (Supra), subject to verification of fhe fact as to whefher fhe petitioners have acquired B.Ed./B.T.I. Examiaation Certificates on their own expenses as per the circulars dated 24.12.1998 aad l.3.1999 mid further whether they have been paid two advance increinents or not. No order as to costs. Bablu 8. A copy offhis order be placed on record ofconnected matters. Sd/- Satish K. Agnihotri Judge