(1) lN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (S) No.éé Sé 12006 PETITIONER Vishnu Ram Baghel / 8/0 Shri Kansu Ram Baghel Age about 43 years, Asstt. Teacher, Govt. Primary School, Gerughat, Block- Chhuriya, Distt.- Rajnandgaon (C.G.) VERSUS RESPONDENTS : 1. State Govt. of Chhattisgarh // Through :Secretary, School Education Department, Mantralaya at D.K.S. Bhavan, Raipur (C.G.) District Education Officer / Rajnandgaon (C.G.) Block Education Officer / Biock- Chhuriya, Distt.« Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226/gg? OF THE CONSTITUTION OF INDIA m iwm.‘ XI—HC—78 WW,'WW, w_PMo:é454/% 11mm a1 200 mm (WW) mww mmm WW§WW mmai%aan%¥r ‘ agwm 06.12.2006 Shri Rakesh Anthony counsel for the petitioner. Smt. Anju Ahuja GA for‘vhe respondentIState. Petitioner is working a‘s Teacher in Government School. In the course of his service as Teacier, he has obtained B.T.i. certificate at his ovm expenses before 1.3.1999. According to learned comsel for the petitioner, petitioner is entitied to two advance increments in view of the decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal corporation, Durg and another reported in 2006 (2) MPJR — CG 96 wherein it has been held that the teachers having obtained B.Ed., M.Ed., BTI certiticates at their own expenses are covered by the circular dated 24.12.1998 issued by the State Government of Madhya l’radesh. Further in the matter oi Smt. Manorama ShrivastaVa Vs. State of M.P. and others reported in 2300 (1) MPLSR 136, the Madhya Pradesh Administrative Tribunal, Gwal‘or Bench while considering the circular dated 1.3.1999 wherein it is pr vided that the 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 incre ents, relied on the decision in the case of Rakesh Kumar Shrivastava s. State of Madhya Pradesh and others passed in Original Applicatio No. 1632/1999 decided on 12.10.1999 wherein it is observed that th circular dated 1.3.1999 cannot be made I applicable retrospectively. Thu , a teacher may be Assistant Teacher, who has obtained B.Ed. degree b fore 1.3.1999 is entitled to two advanced increments. ' P.T.O. XI-HC—78 EW,W1W,W b)? Mo. éé gé a? t oo¢o.ooo.oo.o..o...o. mm (W) WW§WW mwm éawm WWW wmm J y it is pointed out by the learned counsel appearing for the petitioner that the then state of Madhya Pradesh had filed a Speciat Leave Petition against the orders passed by the Tribunai and the Hon’bie Supreme Court dismissed the Special Leave Petition No. 1999/2000 iiled against the order of the tribunal. Therefo'e, the direction to the effect that the circular dated 1.3.1999 cannot be m: de applicable retrospectively, passed by the Tribunal, becomes flnal anc the same shall be applicable to ail the Assistant Teachers, who have obtained B.Ed.IBTI certificates before 1.3.1999. It ie further substartiated 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 Hon bie Supreme Court. Learned counsel for th e petitioner further submits that the facts and question of law involved in he present case of petitioner are squarely covered by the decision of :his Court in the case of ‘(ashwant Kumar Bharadwaj (supra) to whch learned counsel appearing for the respondent/State fairly conce es and agrees with the averments made by learned counsel appearing fo the petitioner. Accordingly, the writ etition is allowed in terms of the decision of this Court in the matter o Yashwant Kuamr Bharadwaj subject to verification of the fact as to whether the‘petitioner has acquired B.T.l. certiflcate at his own expens s as per the circular dated 24.12.1998 and 1.3.1999 and further whethe he has been paid two advance increments or not. No order as to costs. Sd/- Dhirendra Mishra Judge P.T.O. N’-