^ C^igsZ--- IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(S). N0. (s<\0^ /2006 PETITIONER fc-":^ •o..? A'y/ .^y/ ^y /^•^)y .»?" ••'' >B£SPONDENT -Manharan Kumar Verma Aged about 35 years. D/o Shri Bisouha Ram Verma Astt. Teacher, Primary School Bundeli Block-Tilda, Distt. - Raipur (C.G.) VERSUS ^. StateGovt.ofChhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) 2. District Education Officer Raipur, District-Raipur(C.G.) 3. Block Education Officer Tilda, District-Raipur(C.G.) WRIT PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA ^) ^ KC6H COURT OF CHHATTES6ARH AT BILASPUR W. P. (5) No. 6888 of 2006 Petitioner ; Shotruhan Lal Verma Versus Respondents: Stnte Sovt. of ChhattiS9ou-h A others W. P. f5) No. 6890 of 2006 Petitioner : Aditya Khare Versus Respondents: State 6ovt. of Chhattisgarh A another W. P. (S^ No. 6906 of 2006 Petitioner : Monharan Kumar Ver'ma Versus Respondents: State ©ovt.of Chhattisgarh A others And W. P. (5) No. 6907 of 2006 Petitioner : Pushplata Thakur Versus Respondents: State 6ovt. of Chhattisgarh A o+hers 'v Singte Bench; Honlile Mr. Justice Satish K. Agnihotri. Present; 5hri Ajay 5hrivastava, Advoca+e for the Petitioner(s). Smt. Anju Ahuja, Deputy 6ovt. Advocate with Ms. Sunita Jain, Pomel Lawyer for -the State/respondents. ORDER (Passed on 13th day of December, 2006) 1. The petitioners are working as Assistant TeachersAjec-hjrers in the government schools. In the course of their services <is Assistant Tedcherg/Lec+urers, the pe+i+ioners have obtained B.Ed./B.T.I. examination certificates on their owm 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 cpmmon. 3. According to learned counset for the petitioners, the petitioners are entitled to two advance increments in v'ww of the decision of this Court in -the case of Yashwant Kunwr Bharadwa.j Vs. Municioal Corporation. burq and caiother {2006 (H) MPJR-C6 96}. This Court in the case of Yashwnnt Kumar Bharadwaj Vs. Municipal Corporation, t)urg and onother (Supra), came to the conclusion that the teachers, who had ob-tained B. Ed./B.T.I. Examination Certificate on their ovm expenses, are covered by +he circular dated 24.12.98 (Annexure P/7) issued by the State Sovernment of Madhya Pradesh. 4. Further in +he matter of 5mt. Manprama Shrivastgva Vs.Stete of M.P. ond others { 200) (1) M.P.L5.R. 136 } the Madhya Pradesh State /•Jministrative Tribunal, Swalior Bench, while considering the circular dated 1.3.1999 wherein, it is provided that the Assistont Teachers, who have acquired B. Ed. degree at their own cost be+ween 23.10.1964 and 7.5.1973 shall be entitled to twb advance increments, relied on decision in the case of Rakesh Kumar Shrivastava Vs. State of M.P. A others passed in O.A. No. 1632/99. decided on 12.10.1999 wherein it is observed that the circular dated 1.3.1999 cannot be made applicable retrospectively. 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 appearing for the petitioners that the then State of Madhya Pradesh had filed a Special Leave Petition a9ainst the orders passed by the Tribunol and the Hon'ble 5upreme Court dismissed 5pecial Leave Petition No. 1999/2000 filed against +he order of the Tribumit. Therefore, the direction to the 6. effect that the circular dated 1.3.1999 cannot be made opplicable retrospectively, passed by the Tribunal, becomes final and the same shall be applicable to all +he Assistant Teachers who have obtained B. Ed./B.T.I. examination certificate before 1.3.1999. It is further substantiated by u circular ckited 17.10.2003 issued by the present State of Madhya Prodesh wherein the circular clearly sta+es about the decision of the Supreme Court. Learned counsel for the petitioners further submits that the facts and 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 onother (Supra), to which learned counsel oppearing for the respondents fairly concedes cnd ogrees with the averment made by learned counsel oppearing for the petitioners. 8. A- :ordingly, the wit petitions are allowed in terms of the order passed in the case of Yashwant Kumar Bharadwaj Vs. Municipat Corporation, t)urg 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 and 1.3.1999 and further whe-ther they have been paid two advance increments or not. No order as to costs. A copy of this order be placed on record m connected matt-ers. Sd/- SatishK-Agnihotri Judge ^Ahash