c- \00 '-^' S.B. fService Matter) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRITPETITION (S) N0.^55 t1 /2011. PETITIONER: Gajadhar Prasad Sahu.son of Hethrain Sahu, aged about 58 years, working as Upper Division Teacher, residence of village and Post Kasdole, District Raipur, Chhatdsgarh. versus ^y. Respondents / 1. State of Chhattisgarh, Through Secretary Education Department, D.K.S.Bhawan, Raipur, Chhattisgarh. .2. District Education Officer, Disfa-ict Baloda Bazar, Chhattisgarh. 3. Block Eklucation OfEcer, Kasdole, District Raipur, Ohhattisgarh. 4. Joint Director, Accounts, Treasiuy and Pension, Raipur, District Raipur, C.G WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIOJM OF INDIA 1. PARTICULAESjOF TWTJ' PiwiTinwTi-.E; '""-^3K t^ HIQH COURT OP GRHATriSGAltH AT BIMUSPUR 8B :HOM'BLBMR.^UWriCEPMTraKi DIWA¥SBR W.P.^.N^ 5554/20tl PETITIOKBR Gajadhar Prasad Sahti versys RBSPONDENTS State of&G. & Others Shri K.P.Satiu, coiinsel for fhe petitioner. Shri A.V.Stu-idhar, P.L, for thc State. WRIT PBTITION DMDBR ARTK3-E 226 OF THE COaSTITUTIOK OFIMDIA ORDER (19.09.2011) Counsel for the petitioner subimts that fhe petitioner is entitted to benefit of two adva&ce uicreiuents on accouat of he hawng passed B.T.I. examiuatfon after fais appointtaent at bls own cost. It is subinitted fhat fhc issue iavolvcd in the present petiMon is no longer res integra and the saine has been finaUy decided by tfae Hon'ble Suprcmc Court in fbe case of Asha Saxeaa Vs. State of M.P. & Ors. 2009 (m)MPJR (SC) 59. It is furfher submltted that fhis Court has also taken. a sinular view in its order dated 6.2.2009 passed in W.P.(S) No. 6257/2008. Couasel for the petitk>nera further subinits that fhe order dated 29.4.2010 passed in Writ Appcal N0. 124/2009, whereia retyiag upon fhejudgment ofthe Supreme Court in fhe case ofAsha Saaena (supra) aud the order pasaed by this Court in anofher Writ Appeal No. 87/2009, directions have beea issued for consideration of fhe case for graat of two advance iacrements as per ciKnibr dated 21.9.1974 issued by fhe State of Madhya Pradesh, after verification of the facte pleaded in the pedtion. Counsel for fhe State submlts that case ofthe petitioner wouid also be considercd on fhe same Unes. ;fa&:—'-''^~.:.\ In view ofabove, the pctition is disposed ofwith a <Usectk>n to fhe respoadent authorities to decide fhe claim of the petitioner for grant of two advaace increnients as per circular datcd 21.9.1974 issued by ftie State of Madhya Pradesh after verification of fhe facts pleaded iu fhe petidon withio. a period offoiu- months froni today. It is made clear that fhis Coiut has not expressed aay opimon on merits offhe case aad the aufhorily concerued wcnild be at Uberty to decidc the sasae stricfly in accordance wifb. law. yvj3Bue a^r e