tiaiSe i£ w.i-t^"2 'd i?r>, IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. fSI No. 3r'^3 ^ /2006 PETITIONER ^ .-•'^ ^/^y ..-* ^r^y^ / £'.^&/ ^,.-^'?- ^^y /:^^y •<-^ ^* >.'-^ A-' -<S ^ '^' ^ Beniram Shrivas S/o. Mahettarram Shrivas Aged about 46 years Post- Assistant Teacher R/o. Village -Lukhurri, Post-Lakhali, District Janjgir - Champa (C.G.) VERSUS RESPONDENTS APAIIN* IIAl-VIYA /:1. State of Chhattisgarh Through : Secretary Department of Education Mantralaya, D.K.S. Bhawan, Raipur (C.G.) ,1. District Education Officer, Janjgir, District Janjgir- Champa (C.G.) ^3. Block Education Officer Block-Bamhanidih District-Janjgir-Champa (C.G.) WRIT PETITION U/A 226/277 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRITS IN THE NATURE OF MANDAMUS AND CERTIORARI AND FOR OTHER SUITABLE WRITS AND DIRECTIONS HIGd COUR'FOF CHHATTISGARH AT BILASPUR W. P. fs) No. 5439 ofW06 Petitioner : Benirani Shrivas Versus Respondents : State of Chhattfsgarh & othera W. P^(s) No, 5440 of2006 Petitioner : Hanuinan Das Vaishnav Versus Respondents : State ofChhattisgarh & ofhers -t. Sia^e Bench: Hon'bte Mr, Justice Satish K. A^ilhotri. Shri Ramakaat Paadcy, Advocate for thc Pctitioncrs, Shri Ufkarsh Verma, Govt. Advocate for tfae State/respoudcnts. ORDER (27*h Octoher, 2006) 1. The petitioneis are working as Assistant Teachere in the goveminent schools. In the course of their services as Assistaat Teachers, the petitionere have obtained D.Ed. certificates on their own expeBses before 1.3.1999. 2. Leamed counsel for fhe petitioners subiaits that fhe 'Basic Training Institute' (B.T.I.j certificate has been renamed by the order of the State Goveminent as 'Diplonia in Educa^n' (D.Ed.) cei-tificate. The petitioneis, who have obtained D.Ed. ccrtificate prior to l.3.1999 are entifled to fhe sanie reliefas is granted to the candidates who had obtamed B.T.I./B.Ed. certificates on fheir own expenses as per fhe circulars dated 24.12.1998 and 1.3.1999. 3, Writ Petition (s) No.s 5439/2006 and 5440/2006 are bemg disposed ofby tliis cominoa order as the facts and question oflaw uivoh^ed in bofh the petitions are comnion. 4. According to teamed counsel for the petitioners, the petitioners are entitled to two advaace uicrements in view of the decision of this Court in the case of Yashwant Kumar BhaiadwaL Vs. Municipal Corporation, Dui^ and another (2006 (II) MPJR-CG 96). This Court ia the case of Yashwant Kuniar Bharadwaj Vs. Muiiicipal Corporation, Durg and another (Supra), came to fhe conclusion that the teachers, who had obtained B. Ed. /B.T.I. Certificate on fheir own expenses, are covered by the circular dated 24.12.98 (Annexure P/7) issued by fhe State Goverament of Madhya Pradesh. 5. Furfher in fhe matter of Siut. Manoiaina Shnvasteya Vs, State of M.P. and others { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State AdministTative Tribunal, Gwalk>r Bench, while consKlering the cincular dated 1.3.1999 whereiu, it is provided that thc Assistant Teachers, who have acquired B.Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shaU be entitled to two advance increments, relied on decision in fhe case of Rakesh Kumar Shrivastava Vs. State of M.P. & ofliers passed in O.A.No. 1632/99, decided on 12.10.1999 wherein it is observed that fhe cuicular dated 1.3.1999 cannot be raade applicable retrospectively. Thus, a teacher, niay be Assistant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitled to two advance increinents. 6. It is pointed out by leamed counsel appearing for fhe petitioners fhat the then State of Madhya Piadesh had ffled a Special Leave Petition ^ainst the orders passed by the Tribunal and the Hon'ble Supisme Court disnussed Special Leave Petition No. 1999/2000 filed against fhe order of thc Tribunal. Therefore, the direction to fhe efl'ect that the cn'cular dated 1.3.1999 cannot be inade applicable retrospectively, passed by the Tribunal, becocaes fiaal aud fhe same shall be appUcable to aU the Assistant Teachers who have obtained B.Ed./B.T.I. certificate before 1.3.1999. It is fiirthcr substantiated by a circular dated 17.10.2003 issued by fhe present State of Madhya Pradesh wherein the cuciilar clearly states about the decision offhe Supreme Coiu-t. 7. Leamed counsel for fhe petitioncrs further submits that fhe facts aad question of law invohred in fhe preseat case are squarely covered by decision offhis Court in the case of Yashwant Kuinar Bharadwaj Vs. Municipal Corporation, Dui^ and another (Supra), to which leamed counsel appearing for the respondents fairfy concedes and agrees with the averment made by leamed counsel appearing for the petitioaers. 9. Accordingty, in fhe event D.Ed. certificate holdere are equal to B.T.I./B.Ed. certificate holdera, they are entitlcd to fhe same relief in terms of the orders passed in fhe case of Yashwant Kutaar Bhaiadwaj Vs. Municipal Corporation, Durg and aaother (Supra), subject to verification offhe fact as to whether tbe petitioners have acquired D.Ed. Certificate on their own expenses as per fhe circulars dated 24.12.1998 and 1.3.1999 smd furfher whefher fhey have been paid two advance increinents or not. No order as to costs. A copy ofthis order be placed on record in connected matter. Sd/- Satish K. Agniliotri Judge