In the Honble Hiflh Court of Chhattishgarh at Bilaspur (C.G.) W.P. (S) No. ($ 6^6 2006 Petitioner Respondent... ^ ^-SantRam Dewangan Aged 50 years' S/0 Shri KaluRam Dewangan, Assistant Teacher, Govt. Primery School, Maahood(A), ,District, Durg (C.G.) VERSUS J .The State Government of Chhattishgarh, Through the Secretary, •^l Education Department ^Q (o D.K.S. Bhavan, Raipur (C.G.) ) -^r.^- ^. -^M^. j ^ ^ %\V^C>V^-2. The QteCR Education Officer; &^^u" ' D-9 (C.G) Writpetition under articles 226122'f of the Constitution of jndia for is^yance of writ in the nature of MANDAMUS, Certiorari, Prohibition and other suitabje WRIT or wrjts, Order or orders, Direction or directions. XI-HC-78 T5?^(Tsn?pr, ®T(1wi<o,Rx'ii^y U!.p. ^3. ^b.~(,«^/^& HWdi sbw^ ^200 3TI^?T(I^?(lpig^Er) 3n^T?)TR-li* (raTsn^Tstiiif ?:RIIWflf?(T3I1^T afe 11.12.2006 Shri Ajay Shrivastava, counsei| Smt. Anju Ahuja G.A. for the The petitioner is working Schooi. in the couree of hls service a{ obtained B.T. I, certificate at his own ei According to learned counsel two advance increments in view of tK Yashwant Kumar Bharadwai Vs.l Iforthepetitloner. r^spaidents/Sfate. Assistant Teacher in Government Assistant Teacher, the pditioner has ;j<penses before 1.3.1999. fjsr the petittoner, petitionffr !s entitted to We decision of this Court in the case of Munteipal corDQFaUon. Dura and another reDOrted in 2006 (21 MPJRI Yashwant Kumar Bharadwaj Vs. Mu|iicipal (supra), came to the conclusion ttfat B.Ed./B.T.i. Examination Certificate oh the circular dated 24.12.1M8 issuedl Pradesh. Further in the matter of Smfc obst Administrative Tribunat, Gwalior Ben^ 1.3.1999 wherein it is provided th^t acquired B.Ed. degree at their own shall be entitled to two advance ine< case of Rakesh Kumar Shrivastavt others passed in Original Application wherein it is observed that the cirolilar applicabie retrospectively. Thus, a has obtained B.Ed. degree before increments. +i<ifd41"f Kiicit fftetA<Ri«i< ^•srf^TITSn^T - CG 96. This Court in the case of Corporation, Duig and anrther the teachers, who had obtained their own e)q3enses, are covered by by the State Government d! Madlya Mancnama Shrivastava Vs. State of M.P. and others reoorted in 2000 ffll MPLSR 136. the Madh^ Pradesh ;h while considering the circular dated it the Assistart Teachers who have between 23.10.1964 and 7.8.1973 ements, reliedon the decision in the Vs. State of Madhi®Pradesh and No. 1632/1999 decided on 12.10.1999 dated 1.3.1M9 cannot be made may be Assistant Teacher, who I.3.1W9 is ertitted to two advanced tebcher P.T.O. XI-HC-78 Krqni a»H[cb 3^ "ilWld'il, ©Tflu'16,Iqciwy lo-y/^sj. ^&. ^e2-'3/0^ ^ 200 3<1^<>1 Msl* (lclt^'s«<tT) sn^T^rf^iR; traT3TI^Tsh*f B?<ITWHf^T3n^T Prad^sh It is pointed out by the leame|d that the then State of Madhya against the orders passed by the Tril] dismissed the Special Leave Petitjon] of the tribunai. Therefore, the directi<tn 1.3.1999 cannot be made appljcable becomes final and the same shal) Teachers, who ha\re obtained B.Ed.PTi further substantiated by a circular daf State of Madhya Pradesh wherein decision ofthe Hon'ble Supreme Ccur|l. Leamed counsel for the petiti^ner question of law involved in the covered by the deiiision of this Bharadwaj (supra) to whlch respondent/State fairiy concedes anc^ leamed counsel appearirg for the petijroner. Accordingly, ttie writ petitton this Court in the matter of Yashwant of the fact as to whether the petition^r own expenses as per the circwlar datep whether he has been paid two costs. counsel appearlng for the petitioner (sh had filed a Special Leave Petitimi (>unal and ttie Hon'ble Supreme Court |No. 1999/2000 fiied against the order to the effect that the clreular dated ^trospectively, passed by theTribunai, be appilcable to all the Assistart JBTI certfficates befwe 1.3.1999. It is |ted 17.10.2003 issued by the present |he circular oieariy states aboirt the advarlce 4>l<)Fd41-< t<14<-<l'fffW'<Rl<^K ^3l1^T3n^T pre|sent Co|jrt le^med furtha- submits that the facts and case of petitioner are squareiy in the case of Yashwant Kumw counsel appearing for the agrees with the averments made by |s atlowed in terfns of the deciston of l^uamr Bharadwaj subject to veriflcation has acquired B.T.t. certiflcEte at his 124.12.1M8 and 1.3.1%9 and iurther increments or not. No order as io Sd/- Dhirendra Mishra Judge P.T.O.