< 1 RESPONDENTS /•' IN THE HIGH COURT OF JUDICATURE CHHAmSGARH AT BILASPUR WRIT PETITIOH (Sl No. 6 ciG3 /2006 PETITIONER Jagmohan Patel S/o Shri Chinilal Patel Aged about 42 years, Asst. Teacher Govt. Middle School, Kusmura, Block Raigarh, Distt. Raigarh (C.G.) VERSUS State of Chhattisgarh Through: Secretary Department of Education Mantralaya, D.K.S. Bhawan, Raipur (C.G.) District Education Officer, Raigarh, District Raigarh (C.G.) Block Education Officer, Block-Raigarh District - Raigarh (C.G.) WRIT PETITION U/A 226/2^TOF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRITS IN THE NATURE.OF MANDAMUS AND CERTIORARI AND FOR OTHER SUITABLE WRITS AND DIRECTIONS ^ ^^^ r-3. ^s§y .^•' ^o ?;^-' ^; HI6H COURT OF CHHATTIS6ARH AT BILASPUR W. P. (S) No. 6903 of 2006 Petitioner : Jagmohan Patel Versus Respondents: State of Chhattisgarh <S another Sir^le Beneh: Hon'ble Mr. Justice Satish K. Agnihotri. Present; 5hri D.R.Patel, Advocate for the Petitioner. Smt. Anju Ahuja, Deputy Sovernment Advocate for the State/respondents OROER (Passed on 13th day of December, 2006) 1. Jhe peti-t-ioner is working as Assistant Teacher in the government school. In the course of their services as Assistant Teacher, the petitioner has obtained B.Ed. examination certificate on their own expenses before 1.3.1999. 2. According to tearned counsel for the petitioner, the petitioner is entitled to two advance increments in view of the decision of this Court in tiie case of Yashwant Kumar Bharadvw.i Vs. Municioal Corooration. Durg md another {2006 (IE) MPJR-C6 96}. This Court in the case of Yashwont Kumar Bharadwwj Vs. Municipal Corporation, bur9 and another (Supra), came to the conclusion -rfiat 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. 3. Further in the matter of Smt. Manorama Shrivcistava Vs. State of M.P. and others { 2000 (1) M.P.LS.R. 136 } the Madhyo Pradesh State ^l, Bt ^e^ BS3 ^tW^ Administrative Tribunat, Swalior Bench, while considering the circuldr dated 1.3.1999 wherein, it is provided that the Assistant Teachers, who have acquired B. Ed. degree at their own cost betvaeen 23.10.1964 and 7.5.1973 shall be entitled to two advcmce increments, relied on decision in the case of Rakesh Kumar Shrivastava Vs. 5'tate 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 Assistant Teacher, who has obtained B. Ed. degree before 1.3.1999 is entitled to two advance increments. 4. It is pointed out by tearned counsel appearin9 for the petitioner that the then State of Madhya Pradesh had filed a Specnil Leave Petition against the orders passed by the Tribunal and the Hon'ble Supreme Court dismissed Special Laave Petition No. 1999/2(X)0 filed against the order of the Tribuna!. Therefore, the direction to the effect that the circular dated 1.3.1999 connot be rnode applicable retrospectively, passed by the Tribunal, becomes fina! and the same shall be oyplicable to a!l the Assistant Teachers who have obtained B. Ed./B.T.I. examination certificate before 1.3.1999. It is further substontiated 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. 5. Learned counsel for the petitioner further submits that the facts and question of taw involved in the present case is squarely covered by decision of this Court in the case of Yaishwant Kumar Bharadwaj Vs. Municipat Corporation, tSurg and another (&pra), to w4iich learned counsel appearing for the respondents fairly concedes and agrees wi-th the averment made by learned counset appearing for the petitioner. 6. Accordingly. the writ petition is allowed in terms of the order passed in the CO.SK of Yashwant Kumar Bharadwaj Vs. Municipa! Corporation, burg ond another (Sjpra), subject to verification of the fact as to whether the petitioners have acquired B. Ed./B.TJ. Exannination Certificate on their own expenses as per the circulars dated 24.12.1998 ond 1.3.1999 and further whether they have been paid two advance increments or not. No order as to costs. Sd/- SatishK.Agnihotri Judge Stibhfish