Mier Beasa ' o^/^^- In the Honble Hieh Court of Chhattishsarh at Bilaspur (C.G.) W.P. (S) No. ^ ffJ 2006 # Petitioner ..................... Babulal Deshmukh Aged 56 years^ .<.^A'^ S/OShri Ratan Singh Deshmukh (o^j^?< .• Assistant Teacher, • Ji^'t^' .>•''''' Govt. Primary School,Bhardakala, ^y District, Durg ( C.G.) ,^%€^ **' /-i< z^y ^y^ ^* •>•'' ^y: ^ VERSUS 1. The State Govemment of Chhattisgarh, Through the Secretary, Education Department D.K.S. Bhavan, Raipur (C.O.) 2. The Block Education Officer,-^ Durg (C.G) Writ petition under artides 226/227 of th^ Constitution of India for issuance of writ in the nature of MANDAMUSi Certiorari, Prohibitipn and other syitable WRIT or writs, Order or orders, Direction or directions. 'L^ HIGH COURT OP CHHATTISGARH AT BILASPUR Petitioner Respondents Petitmner Respondents Petitioner Respondcnts Petitioner Respondents Petitioner Respondents Petitioner Respondents W. P. (s1 No. 6105 of2006 Prcm Sukh Sahu Versus State Govt. ofChhattisgarh & aaother W. P, (sl No. 6106 of 2006 Rohit Kumar Chandnakar Versus State Govt. ofChhattisgarh &, others W. P. (s1 No. 6107 of 2006 Smt. DiptiTiwari Versus State Govt. ofChhattisgarh & others W. P. (s) No. 6109 of2006 Ramesh Kuinar Hirwani Versus State Govt. ofChhattisgarh &, others W. P, (s) No, 6110 of2006 Sanjay Kuinar Siagh Vcrsus State Govt. ofCtihattisgarh & ofhcrs W. P. Is) No. 6119 of 2006 Babulal Deshinukh Versus State Govt. ofChhattisgarh & others And W, P. fslNo. 6120 of 2006 Petitioner : Dwarika Prasad Dewangan Vcrsus Respondents : State Govt. ofCUhattisgarh & othcrs SIn^e Bench: HonT?le Mr. Justice Satlsh K. Agnihotrl. Shri Ajay Shrivastava, Advocate for the Pctitioners. Smt. Anju Ahuja, Dy. Oovt Advocate for (hc State/respondents. O R D E R (8A Novemher, 2006) 1. The petitioners are working as Assistent Teachers/Lecturers in the govemment schools. In fhe course of fheir serviees as Assistant Teachera/Lecturers, they have obtained B.Ed./B.T.I. exaiaination ccrtificates on their own expenses before l .3.1999. 3. Writ Pctitioa (s) No.s 6105/2006, 6106/2006, 6107^3006; 6109/2006, 6110/2006, 6119/2006 and 6120/2006 are being disposed ofby this coimnon orderas the facts and questionoflaw iiivolved in fhese petitions are coiniaon. 3; - AGeotdaig to leamed counsel for the petitioners, the petitroners are eatitled to two advance incremeats in view of the decision. of this Court in the case of Yashwant Kuniar Bharadwai Vs. Muaicipal Corporatfon. Dura and anofher {2006 (II) MPJR-CG 96}. This Court m tlie case of Yashwaat Kumar Bharadwaj Vs. Muaicipal Corpdra.tion, Durg and aaofher (Supra), caine to tfae conclusion that the teachers, who had obtained B. Ed. /B.T.I. Examination Certificate on their owa expenses, are covered by thc circular dated 24.12.98 (Annexure P/l) issued by fhe State Govenunent ofMadhya Pradesh. Furtfaer in the matter of Smt. Manoraiaa Shrivastava Vs. State of M.P. and ofhers { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Admiaistrative Tn'bunal, Gwalior Bench, whflc considermg fhe circular dated l.3.1999 wherein, it is piovided tfaat fhe Assistaat Teachers, who have acquired B.Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shall be entitled to two advance increments, relied on decision ia fhe casc of Rakesh Kumar Shriva&tava Vs. Statc of M.P. & 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 Assistent Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitled to two advance increinents. ^—- 5. It is pointed out by leamed counsel appearing for the petitioners fhat the then State of Madhya Pradesh had filed a Special Leave Petition agauist the orders passed by fhe Tribiuial and the HonTile Supreine Court dismissed Special I^eave Petition No. 1999/2000 fUcd against fhe order of the Tribunal. Therefore, the direction to the efifect tliat fhe cucular dated 1.3.1999 cannot be made applicable retrospcctively, passed by the Tribunal, becoines final and the saine shaU be applicable to all the Assistant Teachers who have obtained B.Ed./B.T.I. Exainination Certificates before l.3.1999. It is fui-fher substantiated by a circular dated 17.10.2003 issucd by the present State of Madhya Pradesh wherein the circular clearly states abont fhe decision of the Supreine Courfc 6. Leamed counsel for the petitioners fiirther submits fhat fhe facts and queation of law involved in the present case are squarely covered bv decision ofthis Court in fhe case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Dui^ and aaofher (Supra), to which leamed counsel appearing for the respondents fauly concedes and agrees with the avennent made by leamed counsel appearing for the pctitioners. Accordiagly, these writ petitions are allowed in tenns of the oider passed in tlie case ofYashwant Kuaiar Bharadwaj Vs. Muiucipal Corporation, Dui^ and another (Suprs^, subject to verification of the fact as to whefher the petitioners have acquired B.Ed./B.T.I. Examination Certificates on their own expenses as per fhe cm'ulare dated 24.12.1998 and 1.3.1999 and further whether they have been paid two advance increments or not. No order as to costs. 8. A copy of this order be placed on record ofcoitaected inatters. Bablu Sd/- Satish K. Agnihotn Judge