(1) (Fig; /x IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION LS) NO.éé53 [2006 WRIT PETlTiON UNDER ARTICLE 226/ OF THE CONSTITUTION OF INDIA PETITEONER Bhagwat RamThakur of S/o Shri Moti Lal Thakur Age aboui 45 years, Upper Division Teacher, Govt. Giris Middle Schooi, Chhuriya Biock— Chhuriya, Distt.- Rajnandgaon (C.G.) VERSUS RESPONDENTS : 1. State Govt. of Chhattisgarh / Through :Secretary, School Education Department, y” Mantralaya at D.K.S. Bhavan, Raipur (C.G.) I”; (63,)? @Qm W 2. District Education Oiiicer / \§\Q’ ¢id,\ o?‘ Rajnandgaon-(C.G.) ci?’ A #5? @ “Crew 3. aiock Education Officer /’ t‘° Biock- Chhuriya, Disti.— Rajnandgaon (C.G.) XI—HC—78 EW,WW,W mew. éé$3/"Z= Wvm. .u... nun w 200 WHW (Watt) mamm wmm ‘ WWEWW W£§3W ~ %aa%u3n%¥T ‘ /v 06.12.2006 Shri Rakesh Anthony counse far the petitioner. Smt. Anju Ahuja GA for the pondéntiState. Petitioner is working as Te cher in Government School. In the has obtained B.Ed. certmcate at his course of his service as Teacher, 0mm expenses before 1.3.1999. According to teamed counse for the petitioner, petitioner is entitled to two advance increments in View f the decision of this Court in the case of Yashwant Kumar Bharadwaj . Municipai corporation, Durg and another reported in 2006 (2) MPJR CG 96 wherein it has been held that , M.Ed., BTI certificates at their own expenses are covered by the ci Iar dated 24.12.1998 issued by the State Government of Madhya Prad sh. the teachers having obtained B. r Further in the matter of Sm . Man'orama Shrivastava Vs. State of M.P. and others reported in 2000 1) MPLSR 136, the Madhya Pradesh Administrative Tribunal. Gwalior nch while considering the circular dated 1.3.1999 wherein it is provid cl that the teachers who have acquired n 23.10.1964 and 7.5.1973 shall be relied on the decision in the case of t B.Ed. degree at their own cost be entitled to two advance incremen Rakesh Kumar Shrivastava Vs. ate of Madhya Pradesh and others passed in Original Application N . 1632/1999 decided on 12.10.1999 wherein it is observed that the cir ular dated 1.3.1999 cannot be made applicable retrospectively. Thus, at acher may be Assistant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitled to two advanced increments. r s e . s E e e , t t 3am, mug, gw3/Na m 200 WW(W) . bo‘ 9N0. . ..... mamfi'vriai ammm mmwm WWEWW /%a1%wan%$1 {t is pointed out by the that the then state of Madhya against the orders passed byi dismissed the Special Leave order of the tribunal. Therefor dated 1.3.199Q cannot be ma Tribunal: becomes final and Assistant Teachers, who ha 1.3.1999. it is further substani by the present State of Madhy‘ about the decision of the Hon’ learned counsel appearing for the petitioner Pradesh had tiled a Special Leave Petition he Tribunal and the Hon’ble Supreme Court Petition No. 1999f2000 tiled against the a, the direction to the effect that the circular :le applicable retrospectively, passed by the the same shall be applicable to all the ve obtained B.Ed.iBTl certificates before iated by a circular dated 17.10.2003 issued a Pradesh wherein the circular clearly states )ie Supreme Court. Learned counsel for the question of iaw involved in t covered by the decision of t Bharadwaj (supra) to whit respondentfState fairly concec learned counsel appearing for e petitioner further submits that the facts and he present case of petitioner are squarely his Court in the case of Yashwant Kumar :h learned counsel appearing for the les and agrees with the averments made by the petitioner. etition is allowed in terms of the decision of Yashwant Kuamr Bharadwaj subject to verification of the fact as to certificate at his own expenses as per the circular dated 24.12.1998 and he has been paid two advance increments Accordingly, the writ p this Court in the matter 01 1.3.1999 and further whether or not. No order as to costs. Sd/- Dhirendra Mishra i Judge r..l.U. whether the petitioner has acquired B.Ed.