M4» 1%% g S.B. (Service Matter) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT PETITION (S) No. ({006 /2o10. K Smt.Sushila Kerketta, wife of Kishore Kerketta, aged about 40 years, working as Hma! '7'? I' siY't Ss at Girls Aashram, Primary School, Duldula, Tahsil Duldula, District Jashpur, Chhattisgarh. PETITIONER: VCI'SUS 1. State of Chhattisgarh, Through Secretaly, Tribal Welfare Department, D.K.S.Bhawan, Raipuri Chhattisgarh. 2. Commissioner, Tribal Welfare Department, Raipur, Chhattisgarh. 3. Asst.Commissioner, Tribal Welfare Department, Jashpur, Chhattisgarh. 4. Block Education Officer, Duldula, District Jashpur, Chhattisgarh. Respondents WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH : B£LASPUR WRIT PETITION (S) NO. 4006 OF 2010 Petitiarier Ll Smt. Sushiia Kerketta Versus Respondents State of Chhattisgarh & Others (Writ Petition under Articie 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri C.'Jayant K. Rao, Advocate for the petitioner. Shri A.V. Shridhar, Pane! Lawyer for the State/ reepondents. ORDER (ORAL) (Passed on this 11‘“ day of January, 201 1) 1. Learned Qounsei appearing for the petitioner submits that the petitioner is entitied to benefit of two advance increments on account of the fact that she has passed BTI examination before her appointment at her own cost. it is submitted that the issue involved in the present petition is no longer res integra and the same has been tinaily decided by the Supreme Court in Ashe Saxena v. Stare of MP. & 0:3,1. it is further submitted that this Court has also taken a similar View in its order dated 6-2-2009 passed in WP. (S) No.6257 of 2008. Learned counsei further submits that the order dated 29-4-2010 passed in W.A.No.124 of 2009 wherein relying upon the judgmenf‘ot the 3upreme Court in Ashe Saxena (supra) and the order passed by this Court in another W.A.No.87/2009, directions have been issued for consideration of the case for grant of two advance increments as per the circular dated 21-9-1974 issued by the State of Madhya Pradesh, after verification of the facts pleaded in the petition. 3. Shri Shridhar, learned counsel appearing for the State submits that the petitioner is not entitled to two advance increments for obtaining 12009 (ill) MPJR (so) 59 [\3: @ BIL before entering into service, as the petitioner is an employee of Tribal Weifare Department. The contention of the learned counsel appeanng for the State Is fnvolous and appears to be Without apolrcatron of mind The crrcular which governs grant of arrears to the teachers who have obtained BEd. B.T.l.’ & D.Ed. prior to joining of service or during course of service is applicable to all the departments. The petitioner joined his services on 30.6.1993 as teacher in School Education Department. Thereafter, a separate department of teachers working in Tribal area was constituted This would not affect the nature benefits and priwiege granted to the teachers to which they are entitled to under the Circulars like teachers of the School Education Department. Accordingly, the impugned order dated 14.1 2.2009 is quashed. in View of the above, the petition is allowed in part. The respondent authorities are directed to decide the ciaim of the petitioner for grant of two advance increments as per the circular dated 21-9-1 974 issued by the then, State of Madhya Pradesh after verification of the facts pieaded in the petition within a period of 8 weeks from today. M Sdl— ashok Sdttsh K Agmhmn‘ Judge