^f INTHE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.(S) No. <$'8L8 / 2006 PETITIONER ^ ^t ^' ^ivP'''; <^^- .^' ^}^ w ^ RESPONDENTS ,0's .^- ^ ^^ v'v^ ^.^* IC^ •<P \ - fr- ^^ w^ -Dahak Ram Vastrakar, S/o. Shri Dadu Ram Vastrakar, Aged about 44 years, Assistant Teacher, Primary School - Kutelamuda, P.0. Chaitma, Block - Pali, Distt- Korba (C.G.) VERSUS State of Chhattisgarh & Others Through- The Secretary, Department of Tribal Welfare, D.K.S. Bhawan, Raipur (C.G.) Commissioner, Tribal Welfare Chhattisgarh Govt. Raipur Assistant Commissioner, Tribal Welfare, Distt. - Korba (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUT10N OF INDIA FOR ISSUANCE OF SUITABLE WRIT, WRITS, DIRECT!ON ETC TO DO JUSTICE IN THE MATTER. XI-HC-78 *11*<WI Sb<^|cb 3^'<ll<ll<?l<l,®T(1tl'l<S,R|fllti^< . ^.P.^o.^8^8/^ ••••^200 3i 1^1 4a<n (y<I^q<,<T) sn^r^rf^TN? crar3ti^rsbt<i+ ?TaTWflf^(i3:n^T 11.12.2006 Shri Anil Singh Rajput, counsel Smt. Anju Ahuja G.A. for the re^pondents/State. The petitioner is working as| School. In the couree of his sen/ice as «tll<<[<1<fl-< IIWCTl^'teA'iRl'WK ^aTl^n'an^r fbr the petitioner. Assistant Teacher in Govemment Asstetant Teacher, the petitioner has obtained B.Ed. certificateathisowneitoens^before 1.3.1999. Aocording to learned counsel fc|r the petitioner, petitioner is entitled to two advance increments in view of th^ decislon of this Court in the case of Yashwant Kumar Bharadwai Vs. another reoorted in 2006 (2t MPilR Municipal corDoraUon. Dura and - C©96. This Court in thecase of Yashwant Kumar Bharadwaj Vs. Mur|icipal Corporatlon, Durg and ancAher (supra), came to the conoluston th^t the teachers, who had obtahed B.Ed/B.T.I. Examination Certificate or) their own expenses, are covered by the oireuiar dated 24.12.1998 issued pj the State Government of Madhya Pradesh. Further in the matter of Smt. Manorana Shrtvastava Vs. State of M.P. and others reoorted in 2000 f1|t MPLSR 136, the Madhya Pradesh Administrative Tribunal, Gwalior Bencl 1.3.1999 wherein it is provided thal acquired B.Ed. degree at their own G( shall be entitted to two advance incr^ments, relied on the decision in the oase of Rakesh Kumar Shrivastavd \\ white consKiering the circular dated the Assistant Teachere who have ^st befareen 23.10.1964 aml 7.5.1973 Vs. State of Madhya Pradesh and othere passed in Original Application t)lo. 1632/1999 decided on 12.10.1999 wherein it is observed that the ciroUlar dated 1.3.1999 cannot be made appticable retrospectively. Thus, a tea|cher may be Assistant Teacher, who has obtained B.Ed. degree before 1[3.1999 is entitled to two advanced increments. P.T.O. ;*i XI-HC-78 3sg'^ipn?ra', »^flwi6,teira . _^-?- tTTNWI Sh*ll<*l ;, ra?n«y (^8f8, ^200 311^1 4sl* (>ic<Ia's«<iT) sn^rqiTf^ira; OTr 311^1 shiro ^ ^ ?R[TWHfi(T3I^T It is pointed out by flie learn^d that the then State of Madhya Prad^sh against the ordere passed by the Trif dismissed the Speoial Leave Petition| of the tribunal. Therefore, the directhtin 1.3.1999 cannot be made applicable i|e becomes finai and the same shall Teachers, who have obtained B.Ed.j further substantiated by a oircular da|ti State of Madhya Pradesh wtierein decision ofthe Hon'ble Supreme Cour Leamed counsel for the questton of law involved in the covered by the decision of this Bharadwaj (supra) to which le^r respondent/State fairiy concedes anc< learned counsel appearing for the petif| Accordingly, the writ petition this Court In the matter ofYashwant of the fact as to whether the petttion^r own expenses as per the circutar date<j whether he has been paKl two advan|cs costs. oounsel appearing for the petitioner ^sh had fited a Speciat Leave Petition ?unai and the Hon'ble Supreme Court No. 1999/2000 filsd against tte order to the effect that the circular dated strospertively, passed by the Tribunal, be appBcabie to dl the Assistant (BTI cwtificates before 1.3.1999. It is |ted 17.10.2003 fesued by the presaTt |the circular cleariy states about ttie petiti^ner prejseni Colirt +l'i|iff'!fl-f Hlt^dl'^toAA'tdK. S|?3l1^IT3fI^T further submits that the factsand case of petitionBr are squarely in the case of Yashwant Kumar (med counsel appearlng fcw the ^rees with the avermente nrmde by loner. |s allowed in terms of the decis'ion of K]uamr Bharadwaj sutflect to verification has acqulred B.Ed. certiflcate at hls 124.12.1998 and 1.3.1999 and further incremsnts or not. No order as te Sd/- Dhirendra Mishra Judge P.T.O.