/ CglmL IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILAspUR WRIT PETITION Isy No. é 353 /2006 PETITIONER I“ Ashwani Kumar Patel S/o Late Shri Chatur Singh Patel Aged about 35 years, Asst. Teacher Govt. Higher Secondary School, Kanta Hardi, Block — Raigarh, Distt. Raigarh (c.G.) VERSUS RESPONDENTS V 1. State of Chhattisgarh Through: Sectaly Department of Education Mantralaya, D.K.S. Bhawan, Raipur (C.G.) District Education Officer, Raigarh, District Raigarh (C.G.) Bloc Education Officer, k Block—Raigarh District — Raigarh (CG.) Principal, Govt. Higher Secondary School, Kanta Hardi, Block Raigarh, Distt. Raigarh (C.G.) y%v WRIT PETITION U A 2‘26 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRITS IN THE NATURE OF MANDAMUS AND CERTIORARI AND FOR OTHER SUITABLE WRITS AND DIRECTIONS The petitioner named above most respectfully begs to submit as under:- re . @ HaGH GOURT OF CHHATTISGARH AT BILASPUR §ENGLE EENCH HON’BLE MR. $AT§$H K. AGNIHCTRL J. WRW PETiTmN {3.) NO.6952 OF 200$ Petitioner Smt. Puspa A. Wany VQFSUS The State Gavemment of Chhattisgarh and another Resgaondents WRIT PETH‘ION {$1} N05959 GF 2095 Petitiomer Ashwani Kumar Pate! Versus State of Chhattisgam and omers Respondents WRIT PETETmN (3.} NO.6564 OF ZGQs Om Prakash Sag Petitioner Vemus State of Chhamsgarh and othei's Respondents Present : Mr. Somkam Verma and Mr. Sanjay Patel, counse! for the petiiioner(s}. f Mrs. Anju Ahuja, Deputy Government Advocate and Ms. Sunita Jain, Panel Lawyer tot the Stateltesoondents. ‘g @ 2 (Passed on 14‘“ Sgnffacember, 2006) The petiticners are working as Upper Div§5ion Teacher/Aasistant Teacher in Govemmem Scheois‘ In me cowse of f their service; as Upper Division Teachei/Assistant Teacher, the petitioners have obtained B.Ed./B.T.I. Certificates at their awn expenses befOie 1-3-1 999. 2. The present batch of writ petitioas are being diseased of by this common order as the facts and question of iaw involved in these petiticns aye common. 3i \ According to iearned counsel for the petitioners, the oetitioners are entitled to two advance increments in —view ot the decision of this Court in the case of Yeshwant Karma.” Bhemdwei vs. Munieipai Corporation, Burg and anotheri, wherein it has been heid that the Teachers, having obtained B.Ed., M.Ed., B.T.i. Certincates, at their own expenses, are covered icy the circuiar dated 24-12~199& issued by the $tate Government of Madhya Pradesh. 4. Further, in the matter of Smr. Manorama $hrr'vesteva vs. Stare of MP. and othersz, the Madhya Prades'n Administrative Tribunai, Gwaiior Bench, white considering the circular dated i-3—199Q, wherein it is provided that the Assistant Teachers, who have acquired BEd. Degree at their own cost between 23404954 and ‘i-5-1 973 shait be entitled'to two advance increments, reiied on decision in the case of Rakesh Kumar $hrivastava vs. State of MP. and others passed in Originai Appiication No.1532 of 199$, decided on t2-10-1999, wherein @ 3 it is observed that the circuiar dated 1-3-1999 cannot be made appiicabie reirospeciively. Thus, a Teacher, may be Assistam Teacher, who has obtained BEd. Degree before 1-3-1999 is enti'tied Ea iwo advance increments‘ 5. Ya is poinied out by warned counsel appearing for the petiticners that ’ihe then State m‘ Madhya Pmdesh had fi!ed a Speeia! Leave Pemion against the ordefs passed by the Tribune! and the Hon’b!e Supreme Ceurt drsmissed Specie! Leave Petition Ne.1999 0f 2090 filed against the order of the Tribuhat. Therefore, the directieh to the effect that the circutar dated 1-3-1 9% canhet be made appticabie retrespectively. passed by the Tribunal, becomes fthat and the same shat] be appticabte to at! the Asststant Teachers, who have obtained B.Ed.IB.T.t. Certificates before 1-3-1 999. it is further suhetahttated by a ctrcutar dated 17-10-2903 issued by the present State of Madhya Pradesh, whereih the circular ctearty states about the decisiort at the Hon’bte Supreme Court. 5. teamed counsei appearing for the petitioners further submit that the facts and question of iaw invoived in the present cases ' are squareiy covered by the decision of this Court in the case of Yashwant Kumar Sharadwaj (Suprat to which teamed counsel appearing for the State/respondents fairly concede and agree with the averments made by iearned counsei appearing for the petiticners. 7. Accordingly, the writ petitions are aiiowed in terms of the decision of this Court in the matter of Yashwant KLrmar Bharadwaj (Supra). subject to verification of the tact as to whether the petitioners .\ ‘‘x @ 4 have acquired B.Ed./B.T.l. Certificates at their own expenses as per the circulars dated 24:1 2-1998 and 1-3—1999 and further whether they have been paid two advance increments or net No order as to costs. 8‘ A copy of this order be pieced on the record of the J\ L! connected writ petitions. r N. Sd/_ Saush K.Agnirmn»i Judge 1 2006 (u) MPJR-CG 96 2 2000 (1) M.P.L.siRt 136 Gopa! i ( s , f