IN THE STATE ADMINISTRATIVE TRIBUNAL BENCH O.A.NO.———of2002 U^LL^- y APPLICANT Laxinan Lal Pal S/o Shri Kalaraaa Pal, age about 39 Years Assistant Teacher Primary School Hardi Block Dongargaon Distt. Raj Nandgaon (C.G.) VERSUS NON-APPLICANTS: 1. State Government ofChhattisgarh Through - Secretary School Education Department, Mantralaya Bhawan Raipur (Chhatdsgarh) 2. DistrictEducadonOfficer, Rajnandgaon (Chhatdsgarh) 3. Sankul Principal, Centre - Tumibod BlockDongargaon, Distt. - Raj Nandgaon (C.G.) APPLICATION U/S 19 OF THE ADMINISTEIATTVE TRIBUNAL ACT 1985 DETAILS OF APPLICATION 1. PAKTICULARS OF THE APPLICANT :- As mendoned above. 2. PAKTICULARS OF THE NON-APPLICANTS :- As mentioned above. ^c ^ 1-II6H COURT OF CHHATTES6ARH AT BILAS'UR W.P.{S)No.4647of2005 Petitioner : Laxman Lol Pal Versus Respondents; State Sovernment of Chhattisgarh &others W. P. (5)No.4780 of 2005 Petitioners ; Rajendra Lat Yadav and another Versus Respondents: State Sovernment of Chhattisgarh &others W. P.f5)No. 4781 of 2005 Petitioners : Sharda Prasad Tiwari &others Versus Respondents: State Sovernment of Chhattisgarh & others Sii^te Beneh; Hon'ble Mr. Justice Satish K. Agnihotri. Present: Shri Anand Shukla, Advocate for the Petittoner(s). Smt. Anju Ahuja, Deputy Sovernment Advocate for +he State/respondents. ORDER (Passed on 15th day of December, 2006) 1. The petitioners are workin9 as Assistont Teachers in the 9overnment schools. In the course of their" services as Assistant Teachers, the petitioners have obtained B.Ed./ B.T.I. examination certificates on their own e?q>enses before 1.3.1999. 2. Writ Petition (5) No.s 4647/2005, 4780/2005 and 4781/2005 are being disposed of by this common order as the facts and question of law involved in these petitions are common. 3. According to learned counsel for the petitioners, the petitioners are entitled to two advonce increments in view of the decision of this Court in the case of yashwgnt Kumar Bharadwa.i Vs. MuniciDal CorDoration. Duro and another {2006 CFI) MPJR-C5 96}. This Court in the case of Yashwant Kumcr Bharadwaj Vs. Municipal Corporation, C>urg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed./B.T.I. Examination Certificate on their own expenses, are covered by the circular dated 24.12.98 (Annexure P/7) issued by the State Sovernment of Madhya Pradesh. 4. Further in the matter of Smt. Mtmorama Shrivastava Vs. State of M.P. and others {2000 (1) M.P.LS.R. 136 } the Madhya Pradesh State Administrative Tribunal, fiwalior Bench, while considering the circular dated 1.3.1999 wherein, it is provided that the Assistant Teachers, who have acquired B. Ed. deyee at +heir own cost between 23.10.1964 and 7.5.1973 shalt be entitled to two advonce increments, relied on ctecision in the case of Rakesh Kumar Shrivofitava Vs. State of M.P. Aothers passed in O.A. No. 1632/99, decidec! on 12.10.1999 wherein it is observed that the circular dated 1.3.1999 cannot be made applicable retrospectivety. Thus, a teacher, moy be Assistant Teacher, who has obtained B. Ed. degree before 1.3.1999 is entitled to two advimce increments. 5. It is pointed out by learned counsel appearing for ttre petitioners that the then State of Madhya Pradesh had fited a Special Leave Petition against the orders passed by the Tribunal and the Mon'ble ~ Supreme Court dismissed Special Leave Petition No. 1999/2000 filed against the order of the Tribunal. Therefore, the direction to the •\. effect that 1+ie circular dated 1.3.1999 cannot be made cpplicable retrospectivety, passed by the Tribunal, becomes final and the same shall be appticable to alt the Assistant Tedchers who hwe obtained B. Ed./B.T.I. examination certificate before 1.3.1999. It is further substointiated by a circutar dated 17.10.2003 issued by the present State of Madhya Pradesh wherein the circular clearly states about the decision of the Sjpreme Court. 6. Lear-ned counsel for tiie petitioners further submits that the facts and question of law involved in the present case are squarely covered by decision of this Court in the case of Yashwont Kumar Bharadvmj Vs. Municipal Corporation, Durg and another (Supra), to vAich tearned counse! appearing for the respondents fairty concedes ond agrees with the averment made by learned counsel appearing for the petitioners. 7. Accordingly, the writ petitions are allowed in terms of the order passed in the case of Yctdiwant Kumar Bharadwaj Vs. Municipal Corporation, &urg and another (Supro), subject to verification of the fact as to whether the petitioners have acquired B.Ed./B.T.I. Examination Certificate on their own expenses as per the circulars dated 24.12.1998 wd 1.3.1999 and further whether they have been paid two advance increments or not. Noorder as to costs. •8. A copy of this order be placed on record in connected matters. Sd/- Satish K'. Agnihotri Judge |:.c!f1:ihS£h