$§%QL& E3”§%r§ 0 f: Cf/agb (1) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR wmT PETITION (S) Noé é é Z 12006 CONSTITUTION OF INDIA PETITIONER Makhan Lal Sonwani/ S/o Shri Jangi Nath Sonwani Age about 44 years, Asstt. Teacher, Govt. Primary School, Pairitola, Jan Shiksha Kendra, Bamhani, Charbhata, Block— Chhuriya, Distt.- Rajnandgaon (C.G.) VERSUS RESPONDENTS 1 . State Govt. of Chhattisgarh/ Through :Secretary, School Education Department, W Mantrataya at D.K.S. Bhavan, Raipur (C.G.) x“ g© e6 District Education Officer I“ R a \u i Swa Rajnandgadn (C.G.) aw Biock Education Officer!” 4" ‘0 p‘ 3. c Block- Chhuriya, Distt.- Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226£2¥ OF THE XI—HC-78 m w , m , m . w‘pwxlmgéég £006 2U mm (W) mmffww mwm %31%uan%w O6.12.2006 Shri Rakesh Anthonycounse! for the petitioner. Smt. Anju Ahuja GA for the respondentlState. Petitioner is working zis Teacher in Government Schooi. in the course of his service as Teacher, he has obtained B.T.l. certificate at his own expenses before 1.3.19 . According to learned c unsei for the petitioner, petitioner is entitled to two advance increments in iew of the decision of this Court in the case of Yashwant Kumar Bhara Vs. Municipal corporation, Durg and another reported in 2006 (2) PJR -— CG 96 wherein it has been held that the teachers having obtained B.Ed., M.Ed., BTI certificates at their own expenses are covered by t circular dated 24.12.1998 issued by the State Government of Madhya radesh. Further in the matter Smt. 'Manorama Shrivastava Vs. State of MP. and others reported in 000 (1) MPLSR 136, the Madhya Pradesh Administrative Tribunal, Gwaior 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 . 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 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. WWW 9 d j h s XI—HC-78 WW,WW,%W ..wo. No.oo¢o... Wm o..... Wm (W) 21 WWW mmm mwm WW§WW é:31%traa1%¥T H is pointed out by the |e amed counsel appearing for the petitioner that the then state of Madhya Pradesh had filed a Special Leave Petition against the orders passed by th dismissed the Special Leave order of the tribunal. Therefere dated 1.3.1999 cannot be mad: Tribunal, becomes flnal and i Assistant Teachers, who hav l 1.3.1999. lt is further substantir‘ by the present State of Madhya about the decision of the Hon’bl e Tribunal and the Hon’ble Supreme Court Petition No. 1999/2000 flied against the the direction to the effect that the circular a applicable retrospectively, passed by the he same shall be applicable to all the ‘e obtained B.Ed./BTI certificates before ited by a circular dated 17.10.2003 issued Pradesh wherein the circular clearly states Supreme Court. Learned counsel for the etitioner further submits that the facts and question of law involved in th present case of petitioner are squarely covered by the decision of ths Court in the case of Yashwant Kumar Bharadwaj (supra) to whic learned counsel appearing for the respondentiState fairly conced s and agrees with the averments made by learned counsel appearing fort e petitioner. Accordingly, the writ pe ition is allowed in terms of the decision of this Court in the matter of Yashwant Kuamr Bharadwaj subject to verification of the fact as to ether the petitioner has acquired B.T.l. certificate at his own expense as per the circular dated 24.12.1998 and 1.3.1999 and further whether e has been paid two advance increments or not. No order as to costs. Sd/— Dhirendra Mishra Judge RIO. l