Wig; Mu (1) Q) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION S N0.ééé( [2006 PETITIONER : Mauu Ram Sahu /' S/o Shri Prabhu Das Sahu Age about 41 years, Asstt.Teacher, Govt. Primary SchooL Lammeta, Block— Chhuriya, Distt.- Rajnandgaon (C.G.) VERSUS 1. State Govt. ofChhattisgarh / Through :Secre‘tary, School Education Department, Mantralaya at D.K.S. Bhavan, Raipur (C.G.) RESPONDENTS 2. District Education Officer / T?or K arc ?\39v Rajnandgaon (C.G.) @4p9. 3. Block Education Officer / «$0 Biock- Chhuriya, Distt: Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226%27 OF THE CONSTITUTION OF INDIA V?) XI—HC—78 WW,WW,W ...9‘¥..€..".’Q..;‘§§./ WW 200 W m m m w r ) mwm wmffwm wmm Eamtwm é;a1%man%w 05.12.2006 Shri Rakesh Anthony cc unsel for the petitioner. Smt. Anju Ahuja GA for the respondentiState. fm Petitioner is working as Teacher in Government School. in the course of hie service as Teacher, he has obtained B.T.i. certificate at his own expenses before 1.3.1 99£. According to iearned cc unsei for the petitioner, petitioner is entitled to two advance increments in View of the decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal corporation, Durg and another reported in 2U06 (2) MPJR — CG 96 wherein it has been held that the teachers having obtained B.Ecl., M.Ed., BTI certificates at their own expenses are covered by th circular dated 24.12.1998 issued by the State Government of Madhya rades. Further in the matter Smt. 'Manorama Shrivastava Vs. State of MP. and others reported in 000 (1) MPLSR 136, the Madhya Pradesh ior Bench while considering the circular dated 1.3.1999 wherein it is p ovided that the teachers who have acquired B.Ed. degree at their own cos between 23.10.1964 and 7.5.1973 shall be entitled to two advance incre ents, relied on the decision in the case of Rakesh Kumar 'Shrivastava s. State ofMadhya Pradesh and others passed in Original Applicati n No. 163211999 decided on 12.10.1999 wherein it is observed that t e circular dated 1.3.1999 cannot be made Administrative Tribunal, i“ applicable retrospectively. Th s', a teacher may be Assistant Teacher, who ore 1.3.1999 is entitled to two advanced has obtained B.Ed. degree increments. h l G f XI—HC—78 @> E W , W , W . w‘pNo. géél/og mm (13W) mam mmm WW WW mmmm L éawm It is pointed out by the learned counsel appearing for the petitioner that the then state of Madhya Pradesh had tiied a Special Leave Petition against the orders passed by the Tribunal and the Hon’bie Supreme Court dismissed the Special Leave Petition No. 1999/2000 riled against the order of the tribunal. Therefor , the direction to the effect that the circular dated 1.3.1999 cannot be ma e applicable retrospectively, passed by the Tribunal, becomes final and the same shall be applicable to all the Assistant Teachers, who ha e obtained B.Ed.lBTl certificates before 1.3.1999. lt is further substantated by a circular dated 17.10.2003 issued by the present State of Madhy Pradesh wherein the circular clearly state about the decision ofthe Hon’ le Supreme Court. Learned counsel for the petitioner further submits that the facts and question of law involved in t e present case of petitioner are squarely covered by the decision of t is Court in the case of Ya‘shwant Kumar Bharadwaj (supra) to whi h learned counsel appearing for the respondentlState fairly conced s and agrees with the averments made by learned counsel appearing for the petitioner. Accordingly, the writ petition is allowe in terms of the decision of this Court in the matter of Yashwant Kuamr Bharadwaj subject to verification of the fact as to whether the petitioner has acquired B.T.l. certificate at his own expenses as per the circular dated 24.12.1998 and 1.3.1999 and further whether he has been paid two advance increments or not. No order as to costs. Sd/- Dhirendra Mishra Judge P.T.O. r/ s d 4i ,, m \