^ / , C^[^L. IN THE HI6H COURT OF CHHATTISGARH AT BILASPUR W.P. fS^ No. fc°7^ 72QQ6 PETITIONER A-^> ^^7 <\'s. /}SKy .••''^'w'~'' .^y ^/w -•• \^y'' ^y' Mohan Lal Patel^ S/o. Shri Niranjan Lal Patel Aged about 42 years Post-Assistant - Teacher R/o. Village -Kundarujhajh, Post GopaJpur,TahsilDabhra District Janjgir - Champa (C.G.) VERSUS RESPONDENTS :1 ''^^..' / .^€%^ ^^ ^ \0' 2 : ^s^ State of Chhattisgarh Through : Secretary Department of Education Mantralaya, D.K.S. Bhawan, Raipur (C.G.) District Education Officer,^- Janjgir, District Janjgir- Champa (C.G.) Block Educatjon Officer^ Block-Dabhra District-Janjgir-Champa (C.G.) WRIT PETXTION U/A 226/277 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRITS IN THE NATURE OF MANDAMUS ^AND ^ H1GH COURT OF CHHATTISGARH AT BILASPUR W. P. (s) No. 6095 of2006 Petitioner ; Mofaaa Lal Patel Versus Respoudents : State of Chhattisgarh & others Sin^le Bendx: HonTile Mr. Justice Satteii K. AgaiSiotri. Preseut: Shri Ramakant Paudey, Advocate for the Petitioner, Miss Dipali Pandey, Paael Lawyer for the State/respoadents. OADE^ (8th November, ; The petitioner is working as Assistant Teacher in the goverament schools. la the course of her services as Assistaut Teacher, fhe petitiouer has obtained B. Ed. exaniination certificate on her own expenses befone 1.3.1999 on 26.4.1996 fi-oui BarkatuSJafa Vishwavidyalaya, Bhopal (Annexure P/3). •V; Accordiug to ]eamed counsel for the petitioner, ffae petitioner is eutiUed to two advance increments iu view of the decision of tfais Court ia the case of Yashwant_Kymar Bhaiadwai_ Vs._ jyuuicipal Corporatmn, Dui^ and another {2006 (II) MPJR-CG 96}. This Court iu fhe case of Yashwant Kumar Bharadwaj Vs. Municipal Gorporation, Durg and aaofher (Supia), came to the couclusion fhat the teachers, who had obtained B. Ed./B.T.I. Examination Certificate on fheir own expenses, are covered by the circular dated 24.12.98 (Armexure P/3) issued by fhe State Govemment of Madhya Pradesh. Further ia the matter of Siat. ManQiama Shriyaslaya Vs. State pf M.P. md ofhers { 2000 (l) M.P.L.S.R. 136 } tfae Madhya Pradesh State Adininistrative Tribuaal, Gwalior Bench, while coasidering the circiilar dated 1.3.1999 whereia, it is provided that fhe Assistent Teachers, who have acquired B. Ed. degree at their own cost betweea 23.10.1964 and 7.5.1973 shaU be entitled to two advance iacreinents, relied on decision in fhe case of Rakesh Kuinar Shrivastava Vs, State of M.P. & ofhera passed in O.A. No. sr 1632/99, decided on 12.10.1999 whereiu it is observed that the circular dated l.3.1999 cannot be made appUcable rctrospectively. Thus, a teacher, may be Assistaat Teacher, who has obtained B. Ed. degree before 1.3.1999 is entitled to two advance increinents. 4. It is pointed out by learaed counsel appearing for fhe petitionera fhat the then State of Madhya Pradesh had filed a Spccial Leave Petition against tbe orders passed by the Tribuual aad the Hon'ble Supreme Court dismissed Special Leave Petition No. 1999/2000 ffled against the order of the Tribimal. Therefore, the direction to the effect that the cireular dated l.3.1999 caimot be made applicable retiospectivcly, passed by the Tiibuual, becoines final and the same shall be appUcable to all the Assistant Teachei-s who have obtained B. Ed. examination certificate be&re 1.3.1999. It is further substantiated by a circular dated 17.10.2003 issued by the present State of Madhya Piadesh whereio the circiilar clearly states about the decision ofthe Supreine Court. Leamed counsel for the petitioneis furfher subinits fhat flie facts aud question of ]aw iavolved iu the present case are squarely covered by decision of this Court in the case of Yashwant Kumar Bhaiadwaj Vs. Municipal Corporation, Durg aud another (Supi-a), t§,which leamed counsel appearing for fhe respondents fairly concedes and agrees with the averment niade by learued coiuisel appearing for the petitioner. ibhash 6. Accordiugly, the writ petition is allowed ia terms of the order •passed in the case of Yasbwaut Kumar Bharadwaj Vs. Muiucipal Corporation, Durg and aaother (Supra), subject to venficatiou of tbe fact as to wliether fhe petitioncr has acquii'ed B. Ed. Exauunation Certificate on her own expenses as per the circulars dated 24.12.1998 and 1.3.1999 and furfher whefher she has beeu paid two advance iucrenients or uofc No oider as to costs. Sd/- Satish K.Agnihom Judge