;^ui ^> ^.?"g.if^pi ii^ii I" ?BJ^^i.^ ^f) ( -ET3 IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.(St N0. sr3S8 / 2006 Petitioner ^o.y. •. t^y^>:" ^^ofe -€*°\.f ^ 1& ^ A-~ ^' VERSUS Smt. Prabha Mahobia/' W/o. Shri K.N. Mahobia, Aged about 42 years Upper Division Teacher, Govt. Higher Secondary School Jamnipali, N.T.P.C. Korba Distt. - Korba (C.G.) Respondent's 1. State of Chhattisgarh & Others " Through- The Secretary, Department of School Education D.K.S. Bhawan, Raipur(C.G.) 2. District Education Officer,^ Distt. - Korba (C.G.) 3. Asstt. Commissioner •- Tribal Welfare Department, Distt.- Korba (C.G.) 4. Block Education Officer,y Katghora, Distt.: Korba (C.G.) -$€?;*, WRIT PETITION UNDER ARTICLE 226/227 OF THE ^ ~^<%, CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT, f M;iLw^ ^l WRITS. DIRECTION ETC TO DO JUSTICE IN THE MATTER. i^ , M5^>'mnj ??S^S3/ 1. Particulars ofthe Detitipji: As per cause title [ HIGH COURT OF CHHATTISGARH AT BILASnJR Petitioner Rcspondents Petitioner Respondents Petitioxier Respondents Petitioncr Respondents Petitioner Respondents Petitioiier Rcspondents W. P. (s) No. 5838 of2006 Stut. Prabha Mahobia Versus State of Chbattisgarh & ofhers W. P. (sl No. 5839 of2006 Siat Sarojiai Uike Versus State of Chhatttegarh & ofhers W. P. (sl No. 5840 of%)06 Stnt Rcnu Bala Diainond Vcrsus State of Chhattisgarh & others W. P. (sl No. 5841 of 2006 Versus Vcrsus BaitiBflas Shanna Versus Stete ofChliattisgarh & ofhers W. P. la} No. 5842 of2006 Siat. Archna Shanna Versus State of Chhattisgarh & othcrs W. P. (sl No. 5843 of2006 Stat Atuina Bhattachaiya Versus State of CUhatttegarh & others And W. P. (sl No. 5850 of2006 Snat. Krishna Memdal Versus Petitioner Respondents : State ofChhflttisgarh&ofhers Sin^te Bendt: HonTsle Mr. Justkw Satteh K. AgnUlotri. Shri. Anil Singh Rajput, Advocate for fhe Petitioncrs. Shri Utkarsh Verma, Govt Advocate for fhe State/respondents. ORDER (30th October, 2006) The petitioners are workiag as Assfatant Teachers/Upper Divisioa Teachers in fhe govenunent schools. lu the coiirse of their services as Asstetaat Teachers/Upper Dwision Teachers, the pctitioners have obtained B. Ed. exauunatkfn ccrtificates on their oiwn expenses before 1.3.1999. Wnt Petitiou (S) No.s 5838/2006, 5839/2006, 5840/2006, 5841/2006, 5842/2006, 5843/2006 and 5850/20)6 are bemg disposed ofby this conunon oider as the facts and questton oflaw involved ia fhese petitioiis are cominon. Accordii^ to teamed couusel for the petitioners, the petitioners are entifled to two advance increnieuts in vitew of fhe decision of fflus Court ia the case of Ya&hwant Kymar Bharadwai Vs. Municioal CorDoration. Durp and aaother {2006 (II) MPJR-CO 96}. This Court ia the case of Yashwant Kuxaar Bhacadwaj Vs. Municipal Corporation, Dvx^ and another (Supn^, came to fhe conclusion tfaat fhe teachers, who had obtained B. Ed. Examination Certificate on their own expeiiscs, are covered by the circular dated 24.12.98 (Annexure P/l) issucd by tfae State Govenuaent of Madhya Pcadesh. Further in fhe inatter of Smt. Manoraina Shrivastava Vs. State of M.P. and othere { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Administrative Tribuaal, GwaUor Bench, white considermg the circular dated 1.3.1999 whereia, it is proivided fhat the Assistant Tcachefs, who have acquired B. Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shaU be entitkd to two advance increincnts, reUed on decKion ia the case of Rakesh Kumar Shriyastava Vs. State of M.P. & ofhers passed ia O.A. No. 1632/99, decided on 12.10.1999 wherein it is observed that fhe circular dated 1.3.1999 cannot be niadc appUcable reteospectivefy. Thus, a tcacher, xaay be Assistent Teacher, who has obtaiaed B. Ed. degree before 1.3.1999 is entitkd to two advance increments. It is pointed out by leamed counsel appearing for the petitioners fhat the fhen State of Madhya Pradesh had ffled a Special Leavc 6. Petition agaiast thc otders passed by the Tribuxial and the Hoa'bte Supreme Court dismissed Spccial Leave Petition No. 1999/2000 filed agaiast the oid.er of the TribunaL Therefore, the direction to the eflfect that the circular dated 1.3.1999 caiinot be inade appUcabte retrospcctivety, passed by tfac Tribunal, becoines final and fhe same shatl be appUcable to all fhe Assistant Teachers who have obtained B. Ed. examination certificate before 1.3.1999. It is further substaatiated by a circular dated 17.10.2003 issucd by the present State of Madhya Pradesh wherein the circular cleariy states about the dccision ofthe Supreme Coiut. Learaed counsel for the petitioners furthersubnuts that fhc facts and question of law involved in the present case are squarcly covered by decision of ttus Court in fhe case of Yashwant Kuiaar Bharadwaj Vs. Muiucipal Corporatfon, Duxg and another (Supr^, to which kamed counsel appearing for the respoadents fairty conccdes and agrees with the avcnnent niade by leamed coiinsel appearing for the petitioncrs. Accordnigfy, the writ petitions are atlowed in tcnns of fhe order passed in the case of Yashwant Kumar Bharadwaj Vs. MitEucipal Corpot-ation, Duxg and another (Supre^, subject to vcrification of the fact as to whetber the petitk>ners havc acqiured B. Ed. Examination Certificate on their own cxpenses as per the cixxnilars dated 24.12.1998 and 1.3.1999 and fiirther whefher they have been pafal two advance increinents or not. No oider as to costs. Bablu 8. A copy of this order be placed on record in coitnected niatters. Sd/- Satish K. Agnihotri^ Judge