TF In the Honble Hish Court of Chhattishearh at Bilaspur (C.G.) W.P.(S) No. •^"7M<3b 2006 Petitioner ............ Daman Lal Sahu aged 45 years S/0 Shri Punau Ram Sahu , Assistant Teacher, Govt. primary School ,Gharidas Nagar Durg Tahsil & District,Durg. VERSUS Respondent... ... 1. The State Government ofChhattishgarh,/ Through the Secretary, Education Department D.K.S. Bhavan, Raipur (C.G.) •^- ^ 1. The Block Education Officer, ^ .rr^\<^ Durg(C.G) ^ ' Writ petition under articles 226/227 of the Constitution of ,^;/^tndia for issuance of wnt in the natu^e of MANDAMUS, ,g Certiorari,ProhibitionandothersuitableWRiT orwnte; Order or orders, Direction or directions. The petitioner, above named, fumishes the particulars of the writ petitioa as under :- XI-HC-78 sn^rwf^iw (raT3ii^rst!i *n*T<fr stwr^i S'sg'^IPfRra', »Tfl«'l(S,(qciwy ^^.fi^.^.^^200 Sll^i 4'lin (*ic<(4°ll<'ST) SRiTWHf^trsn^r *l's|f<-l<n-< •Oldl'fffScft <R|*<;|< ^srf^rain^r 11.12.2006: Shri Somkant Verma couns^ for the petitioner. Shri Somesh Bajaj GAforth^ respondent/Siate. Petitioner isworking as Teaijher in a Government School. In the course of his service as Teacher. he has ob(ained B.T.I. certificate at his own expenses before 1.3.1999. I Accordng to learned counse| for the petitioner, peUtioner is entitled to two advance increments in view ofthe cfecision ofthis Court in the case ofYashwant Kumar Bharadwq Vs. Municipal i|:orporsdion, Durg and another reported in 2006 (2) MPJR - CG 96 wherein| it has been held that the teachers havjng otrtained B.Ed., M.Ed., BTI certificafes at their own expenses are covered by the oirouiar dated 24.12.1998 issued by]the aate Govemment ofWladhya Practesh. Further in the matter of Sm<. IVIanorama Shrivastava Vs. State of M.P. and others reported in 2000 |(1) MPLSR 138, theMadhya Pradesh Administrative Tribunat, Gwalior fi 1.3.1999 wherein it is provided U] degree at their own oost behveen ^3.10.1964 and 7.5.1973 shall be entitled to two advance increments, relied on Shrivastava Vs. State of Madhy Application No. 1632/1999 dedded 1.3.1999 js entitled to two advancect the then state of Machya Pradesh I] orders passed by the Tribunal ancj lench while considering the circular dated lat the teachers who have acc^ired B.Ed. the decision in the case of Rakesh Kumar Pradesh and others passed in Original pn 12.10.1999wherein it is observed that the circular dated 1.3.1999 cannot b^ made applicable retrospecth/ely. Thus, a teaoher may be Assistant Teach^r, who has obtained B.Ed.r/egree before inorements. t is pwnted out by the iearited counsel appearing for the petitioner that ad filed a Special Leave Petition against the the Hon'ble Supreme Court dismissed the XI-HC-78 tTTl-n^l Sh*11<h 3^^TPn?PT, siTn^'ie, {°i<'iwy ^.e.u.).^.^ut^ ^<- ^-. ^ 200 3l 1^?>1 ^W> ('i?rf3^ET) an^TqiriN^ (PfTSfI^Tshiicb ?^<tTWflfe(T3TI^T 1999/2te)0 Special Leave Petition No. Therefore, the drectjon to the effeot made appticable retrospectively, pas same shall be applicable to all th' B.Ed./BTI certificates before 1.3.19! dated 17.10.2003 issued by the pre circular clearly states about the decid Learned counsel for the pe( question oflaw involved in the presejit the decision of this Court in the cast which learned oounsel appeahng fot agreeswith the averments roade by Accordingly, the writ petitior) Court in the matter of Yastiwant Kubmr fact as to wtiether the petitioner expenses as per the circular dated 2f he has been paid two advance increr|- q>i<4fti41-t >(iidTffte^tiRi't<i< ^ari^irgn^r filed against the order of the tribunal. that the circular dated 1.3.1999 cannot be sed by the Tribunal, beoomes final and the a Assistant Teachers, who have obtained i9. It is lurther substantiated by a circular sent State of Madhya Pradesh wherein the ion ofthe Hon'ble Supreme Court. titioner ftirther submits that the facts and case of petitioner are squarely covered by i of Yashwant Kumar Bharadwaj (supra) to r the respondent/Siate fairly concedes and earned counsel appearing for the petitioner. is allowed in terms ofthe decision ofthis Bharadwaj sufc^ect to verification of the ias acquired B.T.I. certificate at his own t-12.1998 and 1.3.1999 and further whether lents or not. No order as to cost. Sd/- DbirendTaMishra Judge P.T.O.