c^^y^^- SINGLE BENCH 6 IN THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(SINO. US.^^ /2010 PETITIONERS < 1. \w ..<y ^.^ L»" ^y ^^ ^^y "^ ^ Johan Toppo, S/o Shri Suleman Toppo, aged about 43 years, working as Head Master, T.W.D., Govt. Primary School, Ukai, Block- Bagicha, Distt- Jashpur (C.G.) Smt MHdina Tigga, W/o Shri Vijay Tigga, aged about 38 years, working as Head Master, T.W.D., Govt. Primary School, Noniyatala, Block -Duldula, Distt- Jashpur (C.G.) Vijay Tigga S/o Shri Mikhail Tigga, aged about 40 years, Working as Head Master, T.W.D. Primary School, Dipatoli(Bipatpur), Block- Duldula, Distt. Jashpur (C.G.) Smt Kamleshwari Nirala , W/o Shri Aghnu Ram Bhagat, aged about 38 years, working as Head Master, T.W.D, Primary School ShritoU, Block-Duldula, Distorict Jashpur (C.G.) ^ RESPONDENTS ^' ^ VERSUS 1. State of Chhattisgarh Through :- The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.G.) ^ Assistant Commissioner, Tribal Welfare Department, Jashpur, Distt.- Jashpur (C.G.) Block Education Officer, Block - Duldula Distt. Jashpur (C.G.) 4 Block Education Officer, Block - Bagicha Distt. Jashpur (C.G.) 5 Treasury Officer, Treasury Account & Pension Jashpur, Distt.-Jashpur (C.G.) ^3. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^T^T^Tf^Nr W? 3?H^T'^TRW ^SICTI ^Hrai 's^ ^t^i<n^, ^•<i!'<-<4i<o, [®tdt^y; _:.^....P:..^J..^?.-...^DJ..!.3- - ^...^......'.....^..:..-.:.-.....-.......^......^^QQ '^^ 3H^T TRW (^crf^^) ^ror "^f^r ^n^n SBLHonMe Shri Manindra Mohan 06-08-2010 Shri Somkant Verma, counsel Shri Vinod Tekam, Panel La| advance copy. Heard. Learned counsel appearing fl petitioners are entitled to benefit oftv^ they having passed B. T.1. examinatii|n before their appointment at their cbl^^l^ 'RTH^f ^f ft^ <F»l^l< ^'3?rfw^n^T Shrivastava, J- ^r the petitioners. l^yer for the State/respondents on t>r the petitioners submits that the b advance increments on aocount of own cost. It is submitted that the issij no longer res integra and the sam| ic involved in the present petition is a has been finally decided by the hlon'ble Supreme Court in the case of Asha Saxena vs, State ofM.P. & Ors., 2009 (III) MPJR (SC) 59. It is |urther submitted that this Court has also taken a similar view in his cjrder dated 06-02-2009 passed in W.P.(S)No.6257 of 2008. Learned cctJnsel for the petitioner further draws attention of this Court to order dated No. 124 of 2009, wherein relying upon in the case of Asha Saxena (supra) a 29-04-2010 passed in Writ Appeai 1 the judgment of the Supreme Court hd the order passed by this Court in another Writ Appeal No.87/2009, |directions have been issued for consideration of the case for grant |of two advance increments as per circular dated 21-09-1974 issued byjthe State of Madhya Pradesh, after verification ofthe facts pleaded in thel Learned counsel for the res|2 petitioner would also be considered oi Ipetition. ^ondents submits that case of the b the same tines. HC—78 NTR^fT tl»W^ ^':iSTM41^1cn^,y>Tlrl'M<l<o,[a|dl'Hlj,< / \-^J ^,.vJ..-..t^.^.-..9.ZSZt^ ITR^200 ^T?^T ^3W (^qf^q^) ^n^r 'SRT f^'ijcb 'cCT 3??T^T snHic^ ;*< Tumane i^- '^TOT^?T3?!^r -—^.—^l^(<!f1<l1l TiTO?Jf ^ f^St <^1^1< ^3TfiR3??^T in view of the statement ifiade above, this petition is finally disposed of with a direction to the r^spondent authorities to consider and decide the claim of the petitioners fc|r grant of two advance increments as per circular dated 21-09-1974 issufd by the State of Madhya Pradesh, after verification ofthe facts pleadec) in the petition within a period of eight weeks fromtoday. Sd/- Manindra Mohan Shrivastava Judge