HIGH COURT OF CHHATTISGARH. BILASPUR W.P.tSl N0^5493 of 2006 PETITIOSER. Nirmal Kumar Patel, aged about 43 years, sou of Late Shri Y.N. Patel, Lower Division Teacher, D.Ed. Govemment (Tribalj Middle School- Seinarkachhar (Kaasabel), District Jashpur(C.G.) Versus RESPONDBNTS 1 State of Chhatdsgarh, Through: Secretaiy, Department of Tribal Welfare, Dau Kalyan Smgh Bhawan, Raipur (C.G.) 2 The Coininissioner, Department of Tnbal Welfare, Raipur (C.G.) 3 Assistaat Commissioner, Departaient of Tnbal Welfare, District Jashpur Nagar (C.G.) 4 The Block Education Officer- Kansabel, Distt. Jashpur (C.G.) (Writ Petitioa under Article 226 oftbe Constitution ofladia) Appearance: Shri A.N. Bhakta, counsel for fhe petitioner. Shri Ajay Dwivedi, Panel Lawyer, for the State on advance copy. ORALORDBR (24.08.2007) SUNIL KUMAR SINHA._J. Heard on adiaission. Leamed counsel for fhe petitioaer subinits that the petitioner has passed D.Ed. examination on his own expenses, therefore, he is entiQed to receive two advaace iacrements accordiag to circulars dated 24.12.1998 and 01.03.1999, He also submits that ia inaay identical matters, the petitions have been allowed in terins of fhe order passed in the case of Tashwant Kunwir Shareidiocd Vs. Munfcipal Corporafion, Dw.ro cmA another f2006 ffS JHPJR-CG 96^. He submits that the case of fhe petitioner is squarely covered by fhe said Judgiuent. This legal position s not disputed by the leamed counsel for fhe State. However, he subinits that fhe oider inay be passed ia tenns of fhe said judgnient, but it shall be subjected ^-to verification rcgarding petitioner's such qualification. .,.—- ^^i-KiL^S W.P.fS) No. 5493 of2006 Accordingly, fhis writ petition is aUowed ia terms of fhe order passed in case of Yashwant Kunwr Bharadivaj Vs. Murudpcd Corporation, Durg and another (Supra) subject to verification of fhe facts as to whether the petitioner had acquired D.Ed. Examiaation Certificate on his owu expenses as per circulars dated 24.12.1998 and 01.03.1999 and further whether he has been paid t»''oadvaace iacremeuts or not. The petition staads finaUy disposed of. No order as to costs. ——-— Sd/- Sunil Kumar Sinha vatU r