S?^1?:nft g? ^^"^Ul'1- ^•^'^ •;.'.-.^>£».^i-^^^3 A ^ ^ • \.^( ^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(Sl. N0.^7^ /2006 PETITIONER RESPONDENT HARISHANKAR SONKEWRE Ageabout44year, S/o Shri Lekhan Ram Sonkewre Asstt. Teacher, Village- Sandi, Tehsil- Palari, Distt. - Raipur (C.G.) VERSUS /"1. StateGovt.ofChhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) ^2. District Education Officer Raipur, District-Raipur(C.G.) ^'3. Block Education Officer, Palari, District-Raipur(C.G.) .^.-^. WRIT PETITION UNDER ARTICLE 226/22T OF THE .00 ^'^^t ^<^^ .\^t.^ ^^"" CONSTITUTION OF INDIA Petitioner most humbly submits as under:- .. r_^"^ XI-HC-78 T^ '<4|<<|<1<<, ®Tn<i'i6,fs|dU^< wnw^rNr ••GJ-e^zo ^•^w^ 200 3F^?T 4a<t> (I^3^ET) •an^TwR-ii* (ISITSn^TshHiiti CTBTW: lrf?(T Sn^T 07.12.2006 Shri Somkant Ven-na counsel for Shri Somesh Bajaj GA for the |the petitioner. re^pondenVState. Petitioner is working as Teacher| his servioe as Teacher, he hasobtain^d before 1.3.1999. According to tearned counsel for| ladvanoe increments in view of the decisjon |Kumar BharadwaJ Vs. Muhicipal cor^ 2006 (2) MPJR - CG 96 wherein it obtained B.Ed., M.Ed., BTI certificates 4 oireular dated 24.12.1998 issued by the | Belhch Further in the matter of Smt. and others reported in 2000 (1) Admlnlstrative Trlbunal, Gwalior 1.3.1999 wherein it is provided that f degree at their own cost between 23.1| two advance increments, relied on the| Shrivastava Vs. State of Madhya P), Application No. 1632/1999decided on circular dated 1.3.1999 cannot be mt teacher may be Assistant Teacher, 1.3.1999 is entitled to two advanced ino( It is pointed out by the learned the then state of Madhya Pradesh had ordere passed by the Tribunal and th4 =tii<<F<-i41-< wicff fr fsc6 <R|'WK ^sri^rsn^r in a Government School. In the oouree of B.Ed. certificate at his own expenses |the petitioner, petitioner is entitled to two of this Court in the case of Yashwant ^oraCon, Durg and another reported in Itas been held that the teachers having ^t their own expenses are covered by the |State Government of Madhya Pradesh. Mtnorama Shrivastava Vs. State of M.P. IMPLSR 136, the Madhya Pradesh while considering the oircular dated |he teachers who have acquired B-Ed. 113.1964 and 7.5.1973 shall be entitled to Idecision in the case of Rakesh Kumar tadesh and othere passed in Original i.10.1999 wherein it is obseroed that the ^de applicable retrospectively. Thus, a has obtained B.Ed. degree before tements. lcounsel appearing for the petitnner that pled a Special Leave Petition against the Hon'ble Supreme Court dismissed the 1|2. XI-HC-78 *ii*iciTa>*irq> 3^? '<INI<-I<(, aiTfly'Ks, fc|<-jiy^< .(^.-.L^.Q^t^. 2-. v 3TI^?T ira^T (ijcil^sx^tf) sn^r^rR-fi'* ffSTT3T^Tst>H H^ ?TdTW ^rfN'SIT^T trtat Special Leave Petition No. 1999/200C| Therefore, the direction to the effect made applicable retrospectively, passetl same shall be applicable to all the IB.Ed./BTI certificates before 1.3.1999.1 dated 17.10.2CM33 issued by the presei|i circular clearly states about the decisior) '»ii<iF<-]''Tl-<'iwCTTfftei^t'<la]-t<;i< ^sri^iTsn^r filed against the order of the tribunal. the circular dated 1.3.1999 cannot be by the Tribunal, becomes final and the Assistant Teachers, who have obtained It is further substantiated by a circular |t State of Madhya Pradesh wherein the of the Hon'ble Supreme Court. Leamed oounsel for the petititjiner further submits that the faots and question of law involved in the present (^ase of petitioner are squarely covered by |the deoision of this Court in the case cjf Yashwant' Kumar Bharadwaj (supra) to which learned counsel appearing for tlfie respondent/State fairly ooncedes and agrees with the averments made by leajned counsel appearing for the petitioner. Aocordingly, the writ petition is| Court in the matter of Yashwant Kuamt fact as to whether the petitioner ha^ expenses as per the ciroular dated 24.1f he has been paid two advance inoremeifits allowed in terms of the deoision of this Bharadwaj subject to verification of the acquired B.Ed. certificate at his own g.1998 and 1.3.1999 and further whether or not. No order Sd/- Dhirendra Mishra Judge