, w m mgrwra. ma Cajmb IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .G ) WRIT PETITION (S) No. /2006 § PETITIONER M Shrea. Kamal Narayan Yadu /S/o shri, J.P Yadu age, 52,years Presently working as Asst. Teacher In Rmasagar para, Primary school Bhatapara, Disst. Raipur (C.G} 1. State of Chattisgarh / Through —Secreta1y Deptt. Of Education Mantralya D.K.S.bhawan, Raipur.(C.G) .2. District Education Officer, «f Raipur, Distt. Raipur, Chattisgarh. 3. Block Education Officer, or ‘ Bhatapara, Distt. Raipur Chattisgarh f. WET PETETION UNDER ARTICLE 226ZQQI OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE Q C. FMANDAMUS CERTIORARI ET ; ¥ ‘ . -. H». j; XI—HC-78 3/6 EW,W,W w P W.‘ié. [9.9 {a 200 WW(W) Petitioner is working as Tea his service as Teacher, he has ob‘ before 1.3. 1 999. According to learned counse advance increments in View of the c Kumar Bharadwai Vs. Municigal 2006 (2) MPJR — CG 96 wherein obtained B.Ed., M.Edi, BTI certmca circuiar dated 24.121 998 issued by Further in the matter of Sm and others regorted in 2000 Administrative Tribunal, Gwalior E 1.3.1999 wherein it is provided t degree at their own cost between two advance increments, relied on Shrivaetava Vs. State of Madhy Application No. 1632/1999 decided circular dated 1.8.1999 cannot b teacher may be Assistant Teachi 1.3.1999 is entitled to two advancei lt is pointed out by the leai the then state of Madhya Pradesh sher in Government School. ln the course of 'ained BEd certificate at his own expenses lfor‘the petitioner, petitioner is entitled to two ecision of this Court in the case of Yashwant corporation, Durg and another reported in it has been held that the teachers having es at their own expenses are covered by the the State Government of Madhya Pradesh. t Manorama Shrivastava Vs State of M P (1) MPLSR 136, the Madhya Pradesh 3ench while considering the circular dated 1at the teachers who have acquired BEd. 23.10.1964 and 7.5.1973 shall be entitled to the decision in the case of Rakesh Kumar a Pradesh and others passed in Original on 12.10.1999 wherein it is observed that the a made applicable retrospectively. Thus, a er, who has obtained BAEd. degree before i increments. ned counsel appearing for the petitioner that r had fiied a Special Leave Petition against thekp 3mm awim WW EWW aarr 311wm mWm ‘ a? 31%?m A- ‘ 02.01 .2007 Shri Vinod Deshmukh and S 1ri Vivek Verma counsel for the petitioner. Ms‘ Sunita Jain PL for the respondents/State XI-HC-78 3am;®a‘1w WW w.€..7.l.€?. ,m 5.. d2£>a=i zoo Wm (W) mimm wmm \\/’ WWW WW§WW égwm orders passed by the Tribuna! and th« Special Leave Petition No. 1999/200C Therefore, the direction to the effect th made appiicable retrospectivery, passe same shall be applicable to all the , BEdl/BTI certificates before 1.8.1999. dated 11102003 issued by the presei circular clearly states about the deoisior Learned counsel for the petitii question of law involved in the present by the decision of this Court in the cas to which learned counsel appearing for agrees with the averments made by lea Accordingly, the writ petition is Court in the matter of Yashwant Kua r fact as to whether the petitioner hat expenses as per the circular dated 24.1 he has been paid two advance incremel a Hon‘ble Supreme Court dismissed the med against the order of the tribunal. at the circular dated 1.3.1999 cannot be :l by the Tribunal, becomes final and the Assistant Teachers, who have obtained lt is further substantiated by a circular 1t State of Madhya Pradesh wherein the of the Hon’ble Supreme Court. oner further submits that the facts and case of petitioners are squarely covered e of Yashwant Kumar Bharadwaj (supra) the respondent/State fairly concedes and 'ned counsel appearing for the petitioner. allowed in terms of the decision of this Bharadwaj subject to verification of the acquired BEd. certificate at his own 21998 and 1 3.1999 and further whether 1ts or not. No order as to costs.‘ i Sd/— l Dhirendra Mishra l Judge P.T.O. @