MNgiE BEN)?! C '8 ‘ kgO/ 1 _I_I1 the Honble High Court gf Chhattishgarh g1 Bilaspur LEG.) W.P.(S)No. éé30 2006 Petitioner ..................../Smt. Kaushilya Khaperdey Aged 49 years W/O Shri Shiv Charan Deshlahara Assistant Teachér, GOVT. primary School, Gureda District, Durg ( C.G.) VERSUS TheState Government of Chhattishgarh, Through the Secretary, Education Department D.K.S. Bhavan, Raipur (C.G.) Respondent ... . The Block Education Officer, Durg (CG) /' K/ Writ petition under articles 226/m 9_f the Constitution o_f India for issuance of writ i_n_ the nature 9f MANDAMUS, Certiorari, Prohibition and other suitable WRIT Q1; writs, Order 9r orders, Direction g directions. K XI—HC-78 mw,m.W 6’ oo.‘o.o.o..~o o f ($2 é a1 200g WWW WWW mmwwév /WWEWW 3:31%11311%¥T' 03.12.2096 Shri SOmkant Verma, co Smt. Anju Ahuja , GA for Petitianer is working as course of his $ervice as Teach his own expenses before 1.3.1$ According to Iearned m Durg and another reported in 2 been held that the teachers Teacher in Government School. In the er, he has obtained B.Ed. certificate at i99. )unsei for the petitioner, petitioner is entitled to two advance increments in View of the decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal corporation, 006 (2) MPJR ~— CG 96 wherein it has having obtained B.Ed., M.Ed., BTI certificates at their own expenses are covered by the circular dated 24.12.1998 issued by the State Further in the matter of Smt. Manorama Shrivastava Vs, State of M‘F‘. and others reported in 20$0 (1) MFLSR 136, the Madhya Pradesh Administrative Tribune it is provided that the teachers who have acquired B.Ed. degree t’their own cost between 23.10.1964 and 7.5.1973 shall be entitled to two advance increments, reiied on the decision in the case of R kesh Kumar Shrivastava Vs. State of. Madhya Pradesh and others passed in Original Application No. 1632H1999 decided on 12.10. 9% wherein it is observed that the circular dated 1.3.1999 cann t be made applicabie retrospectively. Thus, a teacher may be Assis ant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitl d totwo advancedw unsei for the petitioner. the respondent/State. Government of Madhya Pradesh. circular dated 1.3.1Q99 where' l, Gwalior Bench while considering the RIO. mm (ideas?) I] XI—HC-78 /’—‘\~'\ t)‘ E W , W , W ' .W.’K;§?X.§.€?0.. mm m zooc WEHW WWW m m m m WWEWW $w§trané$ learned ceunsei appearing for the 5t is pointed out by the petitianer that the then state of Wadhya Pradesh had filed a Special Leave Petition against the orde rs passed by the Tribunai and the Hon’bie Supreme Court dismissed the Special Leave Petition No. 199912000 tited against the orier of the tribunal. Therefore, the direction to the effect that the circ uiar dated 1.3.1999 cannat be made appticabte retrospectively, passed by the Tribunal, becomea tinal and the same shall be applicable to z obtained B.Ed.iBTl substantiated by a circular datet State of Madhya Pradeeh whereii decision ofthe Hon’ble Supreme Learned counsel for the pe and question of law involved in squarely covered by the decision Kumar Bharadwaj (supra) to whit respondentlState fairly concede made by learned counsel appeari Accordingly. the writ petitic n is allowed in terms of the decision of this Court in the matter of Yaehwant Kuamr Bharadwaj subject to verification of the fact as to whether the petitioner has acquired B.Ed. certificate at his own expenses as per the circular dated 24.12.1998 and 1.3.1999 and further wheth increments or not. No order as to certificates ll the Assistant Teachers, who have before 1.3.1993 ’lt is further l 17.10.2003 issued by the present .1 the circular clearly states about the iourt. titioner further submits that the facts the present case of petitioner are of this Court in the case of Yashwant h learned counsel appearing for the s and agrees with the averments 1g for the petitioner. e'r he has been paid two advance costs. Sd/- Dhi'rendra Mishra Judge P.T.O. W 9a s/ f WW(W)