gmvoas gm: gigégwggggrgg1x33 Tmaman g $1??? Emmi}; D. A. 1T0. 2 GGZ chain singh 3/0 shri chewéi ram Pal, age abmut 41 years, Kesident (3f 6mm mmri Tahgil Kiwi ragaxh District Rxjnawgacnw. G.) asettg Teacher, Mitiale Schen... Qahaspur 9&111, Black rajnandgaon Dist. Rajnandgaan (a T. FxaminatMn gvézm year ?00 1. Khairaqarh District 5'du&ticn & Training hentre, Khaizagarh ) (2) Manharan Lal $ahu 33/0 shrl mmchazan sao &ge abcut 43 yeam’. Resiai'ent of Gram sa‘maspur Dallig iahsil & Dist. §Ejnandgaon $ssttg Teacher, ?rimary schocl JagiDalli Blockw mjnandwon. (B. 1:1. Eyaminatian year 1992 Diatrict Edua‘atian 5: Tmi ning centre,i(h&iragarhd ‘ (3) chhagan Lal Dhankar $/o aha chawamm &ge about 32 ymrsy Resiéent cf Gram mmri, Tahail Khai mgezrh. District Rajnandgaon, .asstt. Tea¢11er~§rim&ry Sd‘mol Kauhakucaag'Blocka Eajnanagaon, District kEjnandgaom (B. $3.1. wxaimim tian Yr, 1992 in Kr‘ai rag& rh) (4) ant), Famiiumari ’I‘i’wari W/a shri Banshi Lal Tiwazi age about 45 years, Rwhaem: Gram 3&ré‘uwa Tahsil Bemetara Distxictw Burg. Asgtt. Te&¢her« Primary ssamcl $ahaspur 'Daui, Eiockua Rajnanagaon, vistrictn ‘ Rajnandgaom £5} Heem m1 5mm s/o shré. Guhri :am sinha ‘ &ge abaut 43 years, Rasic‘ient at mlipeaa Khai ragaxh, Tahsil Khai ragazh Districtm Rajmmc‘xgaam. gsstt. Teachexa Frimary schocl BhatisaaxE Blacku Raj'nandgaan mh$il 6: District a Rajnanégam. (1) £221 cmg (B. 13.1. Kmi ragarh Training centre ) 0 a 2né§gelo ' K} ¥ u Ram Gagal ahu s/a :3hr1 lama zagaa saihu ge baut yeg, g/ Gm Upazwah, g P aé ag 42 ar o m Black mjnangaon ahsil & Dist— Rajnn<§gaom Matt. Tacharh- Prmay chcol Nangalh Blk mjnagaon ahi & Di$t.~&zjnd— gam. B‘ T. r. EDOngargaon Training centre in 19%) ,2“ éék (53 d T u a ir $ da ac ua Tdl §an { (7) *ea‘aok Stag?) ajput so 3hr1 Jogeswarsingk aea about 39 ymm We Gmm Dhaba, Biock Rnanagaon Teahsil Eajmmagacn & istrict.— Bgjnawamn. Asstt.‘reachexe- Primary $choa1 Dhaba, Blackw‘ lajnandgc. B. Ea. 199 1 mum; r Etiuca titan Mahavi dyala y) (8 ) ‘ii 1} gym) Apgm‘cw'gg e s a t - ps Man a p( Dirict ducatio efficer, mjnandgo. G. h E / h g aj- D n an ( Rishi mr Dewangan s/o shzi Ehalara Eewangmx exe about 34 years R/o Gram Nagp mhil & Dstrictn- burg. Asst. Taachep‘Primary s3d'1ool Mladabl, ahsil - Block 5: iricw mjnané@on. Ed. 2000 Edu than cerehai zaga rh) ygRgus sat Govt. f chh ti sga zh Through secreta zy School muoa than Dee. rtment, tra iay'a Bhwan Kai urC. G.) st En anm ) 3} saul Principal, ( nk Cnr& Bha‘isatm n nanagon . Dstd ct a ajndg&on(c. G.) x}. ‘ £4Pwm.__. &E§.’I.‘_A$; gggw a Dewils cf gEgligugg garticul£3xs of the agglioant 2: s mmtioned abave; g p - As men ti ed abcve. 2? . . 3&6pag‘e g‘ Ku m g é um s i t ar T D$tt (B. & atm et a aja i R&n c.a.w,x_9w_ys:.9 OF THE $R1IE Ti aw 19$ A grtiggla xsgf the ng; avgli cants g on ‘ Petitbners : Chain Singh 6:. others Versus Respondents : State Govt. of Chham'sgarh 65 others 8m Bench: on’blc Mr. Justice Wish K. wotrl. H Shri Vivek Shukla, Advocate for the Petitions. er Shn‘ V. . S. Mrthy, Deputy Advocate General with Sm. Anju Ahuja, Deputy Govt. Advocate for the Staie/respondents (Passed n this 12"} day of Deceber, 2006) o m 1. e petitioners are working as Assiatant Tachers in the governt schools In the course of the sewices as Assistant Teachexs, the petitionels have obned Ed. cerhhcates on their own expenses befoxe 1.3.1999. Learned counsel for the petitionets submits that the ‘Basie Twining Insiitute’ (3.121.) oerh'ncate has been renamed by the order of the State Governnt as ‘Diploma in Edution’ (D.Ed.) certihcate. Th petin'oners, who have obained D.Ed. celiee prior to 1.3.1999 are enh't‘led to the same relief$ is granted to t candidates who had obtained B.T./B.Ed. certihcates on their own expenses as er the circulars dated 24.121998 and > 1.3.1999. Learned Deputy Advocate General, appearing for the respondents/State, produced a copy of the me dated 1.12.2006 issued ’ by the Director, Public Instructions, Ch’garh, otice dated 281.1995 issued by the Secretary, Board of Secondary ucation, Bhopal, and the prospectus of Diploma in Education Examination and submits that the nomenclature of the Baie Training nstitute i.e. B.T.I. has been renamed as iploma in Education i.e. D.Ed. Larned Deputy Advocate General also proced a copy of th circular te 24.12.1998, issued by the School Education Department, Govnment of Madhya Pradesh, Boal, alling two inorements HIGH COURI OF CHHATTISGARH AT BILASPUR w. P. (s) No. 47 18 of 2005 V oo t . O R D E R Th e nme . ir tai D. me ca e t ruat he I. p . mo 2 hams n . Ed s I D e du e dad er hp ow 23 to the teachem who have obtained B,Ed., M.Ed.,B.'I‘.I. cxamina‘ion certiiicates. The documents are taken on record in W. P. No. 5862/ 2006. 4. Acconiing to learned counsel for the petitioners, the petitioners am entitled to two advance increments in view of the decision of j this Court in the case of Yashwant Kumar Bharadwaj Vs. Municjgaa Cowmu‘on, Dggg and another {2006 (n) MPJR-CG 96}. This Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed. /B.T.I. Celtiticate on their own expenses, are covered by the circular dated 24. 12.98 (Annexure P/7) issued by the State Government of Madhya Pradesh. _ 5. Further in the matter of Smt. Manorama Shrivastava Vs. State of M.P. and others { 2000 (1) M.P.L.S.R. 136 } the Madhya Plmiesh State Administran've Tn'bunal, Gwalior Bench, while considering the circular dated 1.3.1999 wherein, it is provided tlmt the Assistant Teachers, whohave acquired B.Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shall be enn'tled to two advance increments, relied on decision in the case of Rakesh Kumar Shrivastava Vs. State of M.P. 8t. others weed 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 advanre increments. 6. It is pointed out by learned counsel appearing for the petih'oners l that the then State of Madhya Pradeah had hled a Special Leave Petition against the orders passed by the Tribunal and the Hon’ble Supreme Court dismissed Special Leave Petition No. 1999/2000 med against the order of the; Tn'hunat Therefore, the direction to the eEect that the circular dated 1.3.1999 cannot be made applicable retrospectively, passed by the Tribunal, becomes nnal and the same shall be applicable to all the Assistant Teachers who have obtained B.Ed./B.T.I. cerlihrate before 1.3. 1999. It is further substantiated by a circular dated 17. 10.2003 issued by the present State of Madhya Pradesh wherein the Circular clearly states about the decision of the Supreme Court. Learned counsel for tbs petitioners further submits that the facts and question of law involved in the preSent case are squarely coveted by decision of this Court in the case of YashWant Kumar Bharadwaj Vs. Municipal Corporation, Durg am“! another (Supra), to which learned counsel appearing for the respondents fairly concedes and agmes with the averment made by lramed counsel apyearing for the petitioners. Accordingly, in the event D.Ed. cerh'hcam holders are equal to B.T.I./ B.Ed. certificate holders, they are entitled to the same relief in terms of the'orders passed in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation. Durg and another (Supra), subject to verification of the mt as to Whether the petitionets have acquired D.Ed. Celtilicate on their own expenses as per the circulars dated 24.12.1998 & 1.3.1999 and further whether they have been paid two advance increments or not. No order as to costs. A copy of this order be placed on record in connected mallet. Sdl— Satish K. Agnihotri 1‘ few Judge i