@ 35%LE p 3' Emmi t 100/1”/ @ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH w.P.(S) No. IZQé mm? . / Smt. Sarita Masih W/o Shri Moria Adyard Masih, Aged about 45 years, Occupation — Upper Division Teacher, Pt. Jawahar Lal Nehru Hir. Sec’ School New Khursipar Bhiiai Distt. Durg(CG). PETITIONER VERSUS / 1. State of Chhattisgarh, Through - The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) /2. Joint Director, Accounts, Treasury and Pension, Raipur (C.G.) /3. District Education Officer District Durg (CG) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ‘ W, W u HIGH COURT OF CHHATTISGARH : BILASF‘UR WRIT PETmON (S) NO. 1246 OF @ (Writ Petition under Articie 226 of the Constitution of india) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri Vipin Tiwari, Advocate for the petitioner. Shri Y.S.Thakur, Dy. Advocate General for the $tate/ respondents. ORDER ORAL (Passed on this 7‘“ day of March, 201 1) 1. Heard learned counse! for the parties. > 2. Learned oounset appearing for the petitioner submits that the petitioner is entitled to benefit of two advance increments on. account of the fact that the petitioner has passed B.Ed. examination on 31.05.1990 before entering into the service i.e. on 03.02.1Q94, at her own cost. 3. Learned counsel appearing for the petitioner submits that the issue involved in the present case is no longer res integra, as the same has been considered and decided by the Supreme Court in Ashe 8axena v. State of MP. & Ors,’ as well as by this Court in Yashwant Kumar Bharadwaj v. Municipal Corporation, Durg and anotherz and Gopesh Kumar Verma v. The State Govt. of Chhaftisgam and another3. 4. Learned counsel further submits that the instant petition is squarely covered by the decision as aforestated. Thus, the petitioner may 2 2006 (ii) Memos 95 3 we (8) No.41eo or 2005 MM 72009 (iii) Mme (so) 59 PETH‘IONER Smt. Sarita Masih RESPONDENTS Versus h} be permitted to make a representation to decide her cas in the light of aforestated decisions, subject to verifrcaticn of the facts asto whether the petitioner has acquired BiEd. certificate on her own expenses before entering into service. Learned counsei appearing for the State submits that in the event, the petitioner makes a representation, the same will be considered and decided, in accordance with law and in the light of the decisions of the Supreme Court in Ashe Saxena (supra), within a period of four weeks from the date of receipt of the representation. ln view of foregoing, according to the learned counsel appearing for the petitioner, nothing survives in this petition for adjudication. Accordingly, the writ petition is disposed of. h Amit e