IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(S1. N0.6705T2006 PETITIONER RESPONDENT Buddhe Lal Sahu Ageabout46year, S/o Shri Jagat Ram Sahu, Asstt.Teacher PrimarySchoot Goda, Block.-Palari, Distt. - Raipur (C.G.) VERSUS 1. State Govt. of Chhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-RaipurfC.G.) 2. DistrictEducationOfficer Raipur, District-Raipur(C.G.) 3. Block Education OfRcer Palari, District-Raipur(C.G.) o- WRIT PETITION UNDER ARTICLE 226/^ OF THE CONSTITUTION OF INDIA o^? p^^ ^^v Petitioner most humbly submits as under:- ^ffi ....-r^ XI-HC-78 w^r^iTR-fi* (raT3n^?T»H •<A- *n^CTTSh*1[<*i 3:5ET. '^l'ilKII, WTfttf'Ko, Ri-IIUy ^•^••^•^^^IW «sn^Tirag?(yi(^o<^iT) ??BTWHfig'3TR!5T 0?.12.2006 ' Shri Somkant Verma counsell Shri Somesh Bajaj GA for the| Petitioner is working as Teact) his sen/ice as Teacher, he has obt^ before 1.3.1999. Acoording to leamed counsel| <=bi<ifT^<ftTf iTra^ff ^ te'^l' <f^t^,i^ ^iSlRpTSn^T |for the petitioner. respondent/State. ler in a Government School. In the oouree of lined B.Ed. oertificate at his own expenses for the petitioner, petitioner is entitled tp two advanoe increments in view of the detcision of this Court in the oase of Yashwant Kumar Bharadwaj Vs. Munteipal c(>rporafion, Durg and another reported in 2006 (2) MPJR - CG 96 wherein ft has been held that the teaohers having obtained B-Ed., M.Ed., BTI certificat^s at their own expenses are covered by the circular dated 24.12.1998 issued by t|ie State Government of Madhya Pradesh. Further tn the matter of Smt. and others reported in 2000 ( Administrative Tribunal, Gwalior 1.3.1999 wherein it is provided thi degree at their own oost between 2 Shrivastava Vs. State of Madhya IManorama Shrivastava Vs. State of M.P. (|1) IVIPLSR 136, the Madhya Pradesh pench while oonsidering the oircular dated ^t the teachere who have acquired B.Ed. P.10.1964 and 7.5.1973 shall be entitled to two advance increments, relied on tfie decision in the case of Rakesh Kumar Pradesh and othere passed in Original Application No. 1632/1999 decided df\ 12.10.1999 wherein it is observed that the oircular dated 1.3.1999 cannot be|made applicable retrospectively. Thus, a teacher may be Assistant Teaoher| who has obtained B.Ed. degree before 1.3.1999 is entitled to two advanced ihcrements. It is pointed out by the leam^d counsel appearing for the petitioner that the then state of Madhya Pradesh h^d filed a Special Leave Petition against the orders passed by the Tribunal and the Hon'ble Supreme Court dismissed the XI-HC-78 ^iwii a»Hrai 3^ '^I'HIM'M, ®Tny'i<B,f^di'y^ ..y.e.6.7.0 5-/.0.&.. W^ 200 Sli^l 4a<*i (ll?lidsl'4,]iT) Sn^T^Tf^lR; crarsn^rshficti s^iTWHfecrsn^T tdat Special Leave Petition No. 1999fi00p Therefore, the direotion to the effect made applicable retrospectively, pass^c same shall be applicable to all the B.Ed./BTI certificates before 1.3.19991 dated 17.10.2003 issued by the pres^nt circular clearly states about the deoisio|i Learned counsel for the petitf question of law involved in the present] the decision of this Court in the case which learned counsel appearing for agrees with the averments made by le^med Accordingly, the writ petition i Court in the matter of Yashwant faot as to whether the petitioner he expenses as per the circular dated 24. he has been paid two advanoe increme "hl'ilfd'fl-f iffqCTf if te^ rfSRZTC ^ Srf^R'3I1^T filed against the order of the tribunal. the circular dated 1.3.1999 cannot be |d by the Tribunal, beoomes final and the ^ssistant Teaohera, who have obtained It is Turther substantiated by a cireular State of Madhya Pradesh wherein the of the Hon'ble Supreme Court. loner further submits that the facts and |case of petitioner are squarely covered by (sT Yashwant Kumar Bharadwaj (supra) to (he respondent/State fairly conoedes and counsel appearing for the petitioner. allowed in terms of the decision of this Kuarjir Bharadwaj subjeot to verification of the ia|s acquired B.Ed. certificate at his own .112.1998 ancf 1.3.1999 and further whether increm^nts or not. No order Sd/- Dhkendra Mishra Judge P.T.O.