3 ' mgla gmgh ® RNo gagw§Hvgh Prese“‘e‘}‘W/S—{‘Y*—&Q /[/ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH w.P.(S) No. 6&Lf3 Izoos Uttam Prasad Rajak,/ S/o. Late Shri Nankoon Rajak, Aged about 33 years, Asstt. Teacher, . Govt. Boys Hr. Sec. School, Jashpur Nagar, Distt. — Jashpur (C.G.) Petitioner ’ VERSUS State of Chhattisgarh / Through- The Secretary, Department of Tribal Welfare D.K.S. Bhawan, Raipur (C.G.) Commissioner Tribal Welfare / Department Chhattisgarh Govt. Raipur Asstt. Commissionerv Tribal Welfare Department, Distt.— Jashpur (C.G.) Resondent’s p WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT, WRITS, DIRECTION ETC TO DO JUSTICE IN THE MATTER. A\/,.v,\w/W_E_Me § ‘ ‘ v @ HKGH COURT OF CHHA’ITISGARH AT BILASPUR w. P. (s) Ne. 6043 of 2006 Petitionm" : Uttam Prasad Rajak Vcrsus Respondents : State of Chhattisgarh at, others smg1e Bench: H011’b16 Mr. Justic0 Satish K. Agnihotri. Shri Anil Singh Rajput, Advocate for the Petitioner. Smt. Anju Ahuja, Govt. Advocate for the State] respondents. ORDER (7th Novamhex; 2006) The petitioner is workilig as Assistant Teachsr m the governmant school In the course of his service as Assista11t Teacher, the. petitioner has obtained B. Ed. examination certificate on his own expenses befoie 1.3. 19§9 011 9.9.1993. O1 According to learned counsel for the petitioner, the petifioner is entitled to two advance increments in View of fhe decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municigal Corporation, Durg and another {2006 (H) MPJR-CG 96}. This Court in the case of Yashwant Knmar Bharadwaj Vs. Municipal . Corporation, Durg 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] 1) issued by the State Government of Madhva Pradesh. Further in the matter of Suit. Manorama Shrivastava Vs. State of M.P. and others { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Administrative Tn'hunai. Gwalior Bench, while considering the circular dated 1.3.1999 wherein, it is provided that the Assistant Teachers, who have acquired B.Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shall be entitled to two advance increments, relied on decision in the case of Rakesh Kumar Shrivastava Vs. State of MP. & others passed in O.A.No. / @ 1532;99, (lecidad 011 12.10.1999 wherein it is observed that the circular dated 1.3. 1999 cannot ba 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 incremerxts. It is pointed out by leaned. counsel appearing for the petitioner that the then State of Madhya Pradesh had filed a Special Leave Petition against the orders passed by the Tribunal and the Hen’hle Supreme Court dismissed Special Leave Petition No. 1999/2000 filed against the older of the Tlibunal. Therefore, the direction to the eti‘ect that the circular dated 1.3.1999 caimot be made applicable retrospectively, passed by the Tribunal, becomes linal and the same shall he applicable to all the Assistant Teachers who have obtained B. Ed.[B.’I‘.l. examination certificate before 1.3.1999. lt is further substantiated 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. / Learned counsel for the petitioner 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 Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), to which learned counsel appearing for the respondents fairly concedes and agrees with the averment made by learned counsel appearing for the petitioner. Accordingly, the writ petition is allowed in terms of the order passed in the case of Yashwant Kuinar Bharadwaj Vs. Municipal Corporation, Dung and another (Supra), subject to verification of the fact as to whether the petitioner has acquired B. Ed. Examination Certificate on his own expenses as per the cinculars dated 24. 12. 1998 1.3. 1999 and further whether he has been paid two advance increments or not. No order as to costs. Bablu l Sdl— Satish K.Agnihotri Judge l