--!-'B"3 ffgfish (L^(^l— f IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P. (S) N0. ^8^/7 I 2006 Petitioner .<5%sk°' .j>y^ ^yy' i?,^^ Satish Kumar Tiwari, -^ S/o. Late Shri Bharat Lal Tiwari, Aged about 36 years, Asst. Teacher, Govt. Primary School, Sukli, Block- Nawagarh, Distt. - Janjgir -Champa (C.G.) Resoondent's ^"ffss:^^ ^"»Ei?^^ <*/''y y^ i ,.i State of Chhattisgarh & Others ^ Through- The Secretary, Department of School Education D.K.S. Bhawan, Raipur (C.G.) District Education Officer, - Distt. - Janjgir -Champa (C.G.) Block Education Officer, ' Block - Nawagarh Distt. - Janjgir -Champa (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT. WRITS, DIRECTION ETC TO DO JUSTICE IN THE MATTER. ©/-.,..S,M&S^".% aPnHNft •s'-V ^^ HIGH COURT OF CHHATnSGARH AT BIL^^PUR W. P. (al No. 5862 of2006 ^) Prtitioner Respondents Pfctitioner Rcspoiulents Petitfoner Rcspomlcnts Hemant Kumar VishwEdcanna Versus StateofChIiattis^iA fla ofhcra W. P. {sl No. 5871 of2006 Dinesh Kumar Rathore Versus State ofCUhattis^A fls othcra W. P. {sl No. 5849 of2006 Satish Kumar Tiwari Vcrsus State <rfChhattis^A d> othicra Mndte Bcadr. Hanlk Mr. Justfcc Sthh K. Affittutri. Shri. Anil Smgh Rajput, Advocatc fos thc Pctitioncr. Shri V. V. S. Moorthy, Deputy Advocate Gcneral wifh Smt Anju Ahuja, Depuly Ckwt Advocate for ttie State/respondents. ORDBR (Passcd on fhis 12dl <iay of Deccmbcr, 2006) 1. Tbe petitionera are woridiq; as Assistant Teachera in fhe govenuicnt schools. In fhe course of thrir aervices as Assistant Tcachera, fhe petitionera have obtained D.Ed. certificatcs on fhtar own. cxpeuses before 1.3.1999. 2. Learaed counsel for fhe petitioncis aubmits fhat fhc 'Basfc Traming Inatitate' (B.T.I.) certificate has been renamed by fhe order ofthe State Govermnent as 'Diptoma in Education' (D.Ed.) certificate. The pctitfoBeis, who hawe obtamed D.Ed. certificate prior to 1.3.1999 are entiftod to fhe same reBefas is gtanted to thc candidates who had obtamed B.T.I./B.Bd. certificates on fheir own expenses as per fhe circulars dated 24.12.1998 and 1.3.1999. 3. Leamed Dcpuly Advocate Gcneral, appcarinag for the respondents/State, pnaduced a copy of fhe memo dated -Usi ;i.£3:K^&ssasas ^.^^'•ff^'&S'S^S.S^, 12.12.2006 iasued by fhe Directm-, PubUc InatnKrttons, ChIiattisgaA, laotfce dated 28.1.1995 issued by the Secreteiy, Boaril of Secondaiy Educadon, Bhopal, and the prospectus of Diptoma in Educatton Exammatfon aad subnuts ttiat (hc nonacaclature of the Basfc Training Instttute ie. B.T.L haa bccn renamed as Diploma in Bducation ie. D.Bd. Leamcd Depuly Adyocate General also produced a oopy of fhc circular dated 24.12.1998, issucd by the School Educadoa DepartBKnt, Ctovenunent of Madhya Pradesh, Bhopal, aDowing two incremcnts to fhe teachers who hawe obtained B.Ed., M.Ed.,B.T.I. examinathm certificates. The documenfes are taten on record in W. P. No. 5862/2006. Writ Ptetition(8) No.s 5862/2006, 5871/2006 and 5849/2006 are being disposed ofby flus common oider as the facta and qucstk»n oflaw involyed inboth fhe petitfons are common. Accordmg to feamed counsel for the pctitionera, thc pctitBiters are entitled to two advancc increments in view of fhe decsion of this Court in fhe case of Yashwant Kumar Bharadwai Vs. Municipal CorDora.tion. Dmy and aaofher {2006 (II) MPJR-CG 96}. This Court in the case of Yastawant Kumar Bharadwq Vs. MinucqMl Corporatk)n, Duxg and another (SupBE^, came to thc concluaion that the teachera, who had obtaiaed B. Ed. /B.T.I. Certificate on their own cacpeiiscs, sas covered by tbe ciroular dafed 24.12.98 (Aanexure P/7) issued by the State Govcmmcnt of Madhya Praleah. Furtfaer in the matter of Smt Manotama Shnvastewa Vs. State of M.P. andoflicra { 2000 (1) MLP.LS.R. 136 } fhe Madlgn Pradesh State Admmistrative Tribuuaal, QwaHor Bciich, white coBsidering fhe circular dated 1.3.1999 wberein, it va pinnridcd fhat fhc Assfalant Teachers, who have acquircd B.Ed. deyce at thdr own cost between 23.10.1964 and 7.5.1973 shaU be entitted to two advance mcrements, reUed on dccision in fhe case of Rahesh Kuinar Shrivastapa Vs. State of M.P. & ofhcra passed in O.A.No. 1632/99, decided on 12.10.1999 wherein it is obsavcd that the cncular dated 1.3.1999 canaot be made appUcabte ictooapectivcty. Thus, a teacher, msy be Assistant Teacher, who has obtamed B.Ed. degree before 1.3.1999 is entitted to two advance merements. ^_^ 7. It is pointed out by lcamed counsel appcaring for fhc petitionera fhat Ihe Ifaen State of Madhya Pradcsh had fited a Spccial Lcave Petition against fhe ordera passcd by fhc Tribunal and thc Hon'bte Supreine Court disnussed Special Leave Petition No. 1999/2000 filed against fhe order of ttie Tribunal. Therefore, (hc direction to the effect fl»at fhc circular daled 1.3.1999 cannot be naadc appMcabfc letrospectivefy, passed by fhe Tribuaal, beconics final and fhe samc shall be appBcabte to aB fhe Assistant Tcachcra who haveobtained B.Ed./B.T.I. ccrtificate before 1.3.1999. Itisfurfhcr substantiated by a circular dated 17.10.2003 issued by Ifac present State af Madhya Riadesh wherem the cjroular clcariy states about fhe deciskm offhe Suprcme Court. 8. Leamed counsel for the petitiDneis furflter submits that tfae facts aDd questwn of law involved m the preaent case are sqi.iarefy coveied by decsion of fhis Court in the case of Yasbwant Kiuaar Bhaiadwaj Vs. Munkapal Corpoiation, Duig and sawfber (Siqira), to which teamed counsel appcaru^ for fhe rcspondcnts fimty concedes and agrees with the avenncnt made by feamed comiad appearing for fhe petitfoners. 9. Accoidin^ty, in the evcnt D.Ed. certificate holdera are eqnal to B.T.I./B.Ed. certiScate Iioldcra, fhey are entMed to fhe same relief m tenns of the ordera passed in the caae of Yashwant Kumar Bharadwaj Vs. Muiucipal Corporatfon, Durg and anothcr (Supra), subject to verificatfon ofthe fect as to whcflier thc petitionera have acquired D.Ed. Ccrtificate on thcir own expenaes as per thc cuculars dated 24.12.1998 & 1.3.1.999 and fiufhcr whelher fliey hawe been paal two advance mcreinents br not No order as to costs. 10. A copy of fhis order be placed on record in connectcd matter. TTiakur Sd/- Satish K. Agnihotn Judge ff \ / s" r