§fc'ff!j?a r?'^;-' IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(S). N0.6'?&3 /2006 PETITIONER RESPONDENT ^^<&t ^^ y ^.'^' ^y \^^ i&y . Gulab Ram Dhruw Age about 39 year, S/o Shri Durga Prashad Dhruw Asstt. Teacher, Village-Reangadih, Post-Jara, Block-Palari, Distt. - Raipur (C.G.) VERSUS 1. State Govt. of Chhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur (C.G.) 2. District Education Officer Raipur, District-Raipur(C.G.) 3. BlockEducation Officer Palari, District-Raipur(C.G.) s- WRIT PETITION UNDER ARTICLE 226/^f ^F THE CONSTITUTION OF INDIA Petitioner most humbly submits as under:- ^1^^M XI-HC-78 +<l^Wl sh+lich Tcg'sTFTCra', »xl1u'is,Ridiyy ..^.P..^.7.C>.^/.^ 3Ti^?r Maw (yit^'si^ar) 3T1^T?RTf^ri% (raTa:IR?Tsti11«b CTcfTWHfersn^r 07,12.2006 Shri Somkant Verma counsel W Shri Somesh Bajaj GA for the r^ Petitioner is workingas Teache| °M<|FCT<11-1 H|11dTfftel^<Fa]«K ^srf^Tan^r the petitioner. spondent/State. in a Govemment Sohool. Inthe course of his service as Teacher, he has obtair|ed B.Ed. certificate at his own expenses before 1.3.1999. | Acoording to learned counsel fdf the petitioner, petitioner is entitled to two advance Increments in view ofthe deoi sion of this Court in the case of Yashwant Kumar BharachwaJ Vs. Municipal cor|ioration, Durg and another reported in 2006 (2) MPJR - CG 96 whereln it |has been held that the teachers having obtained B.Ed., M.Ed., BTI certificates circular dated 24.12.1998 issued by th^ at their own expenses are oovered by the State Govemment of Madhya Pradesh. Further in the matter of Smt. Manorama Shrivastava Vs. Slate of M.P. and others reported in 20W (1]| MPLSR 136, the Btedhya Pradesh Administrative Tribunal, Gwalior B^nch while considering the circular dated 1.3.1999 wherein it is provided that|the teachere who have acquired B.Ed. degree at their own cost between 23.110.1964 and 7.5.1973" shall be entitled to twQ advance increments, relied on th^ deoision in the case of Rakesh Kumar Shrivastava Vs. State of Madhya Ffradesh and othere passed in Original Application No. 1632/1999 decided on teacher may be Assistant Teaoher, 1.3.1999 is entitled to two advanced in^ It is pointed out by the learnecj 12.10.1999 wherein it is observed that the oircular dated 1.3.1999 cannot be njiade applicable retrospectively. Thus, a <vho has obtained B.Ed. degree before srements. counsel appearing for the petitioner that the then state of Madhya Pradesh hacj filed a Special Leave Petition against the orders passed by the Tribunal and ttle Hon'ble Supreme Court dismissed the XI-HC-78 *11<1WI sft*1ich 3^ ^nw^, ®Tflyi<o,Ricii+iy •.V..f...^7.^./.P.. *'• »»»«»«. •'^ «•»*»* </* 4** 3n^?I'tia«o(ytt^'5!'^') sn^T^rR-fi'b (raT3IR5Tshtf ?RrraT (rf^f 3n^?r Special Leave Petition No. 1999/20(p0 Therefore, the direction to the effeot made applicable retrospeotively, pas^ec same shall be applicabte to all the| B.Ed./BTI certificates before 1.3.199P. dated 17.10.2003 issued by the pres^nt circular clearly states about the decisit>n filed against the order of the tribunal. that the oircular dated 1.3.1999 cannot be |ed by the Tribunal, becomes final and the Assistant Teachers, who have obtained ). it is further substantiated by a circular State of Madhya Pradesh wherein the ofthe Hon'bleSupreme Court. Learned counsel for the pet| question of law involved in the presen|t the decision of this Court in the casej which learned counsel appearing for| agrees with the averments made by Accordingly, the writ petition Court in the matter of Yashwant fact as to whether the petitioner expenses as per the circular dated 2^ he has been paid two advance increrrli stinTciifl-i illHdTfffe^l'iRl+AK ^aTf^rsn^r tioner further submits that the facts and case of petitioner are squarely covered by of Yashwant Kumar Bharadwaj (supra) to the respondent/State fairly conoedes and l^arned counsel appearing for the petitioner. lis allowed in temis of the deoision of this Kua|nr Bharadwaj subject to verifioatjon of the acquired B.Ed. certificate at his own .12.1998 and 1.3.1999 and further whether 1ents or not. No order hlas Sd/- Dhirendra Mishra Judge