0/? WQ/ Cg C9 lN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH w.P.(S) No. Pxéb 12011 / PETITIONER : 'Kamal Kumar Gendre S/o Shri Hridaya r, / Lal, Aged about 4O years, Occupation E/OWA — Lecturer, Guru Ghasidas Govt. Higher Secondary School Kohka Bhilai WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA .. ........ ... . *UJ/ x j', VERsus Q‘wfv 3¢ / . wRESPONDENTS : 1. State of Chhattisgarh, Through — The Secretary, School Education Department, D.K.S. Bhawan, Raipur(C.G.) / 2. Joint Director, Accounts, Treasury and Pension, Raipur (C.G.) 3. /District Education Officer District Durg (CG) H‘GH COURT OF CHHATTISGARH Z BILASPUR RESPONDENT8 State of Chhattisgarh & Others (Writ Petition under Article 226 of the Constitution of indie) Singie Bench '. Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri Vipin Tiwari‘ Advocate for the petitioner‘ Shri Y.S,Thakur, Dy. Advocate Generai for the State! respondents. oRDER (ORAL) (Passed on this 7‘“ day of March, 201 1) 1. Heard learned counset for the parties. 2. Learned counsel appearing for the petitioner submits that the petitioner is entitled to benefit of two advance increments on account of the tact that the petitioner has passed B.T.i. examination in the year 1993 before entering into the service i.e. on 23.08.1994, at his own cost. 3. Learned counsel appearing for the petitioner submits that the issue involved in the present case is no longer res integra, as the same has been considered and decided by the Supreme Court in Ashe Saxeha v. State of MP. & Ors.’ as well as by this Court in Yashwant Kumar Bharadwaj v. Municipal Corporation, Durg and anotheiz and Gopesh Kumar Verma v. The State Govt. of Chhattisgarh and another? 4. Learned counsel further submits that the instant petition is squarely covered by the decision as aforestated. Thus, the petitioner may M ‘2009 (iii) MPJR (so) 59 2 2006 (ii) timace 96 afWP (a) Nomad or 2005 PETmON @ PETITIONER Kama! Kumar Gendre v‘ Versus g be permitted to make a representation to decide his case in the light of aforestated decisions, subject to verification of the facts asto whether the petitioner has acquired BtTJ. certificate on his own expenses before entering into service. Learned counsei appearing for the State submits that in the event, the petitioner makes a representation, the same wiii be considered and decided, in accordance with law and in the tight of the decisions of the Supreme Court in Ashe Saxena (supra), within a period of four weeks from the date of receipt of the representation In view of’foregoing, according to the iearned counsel appearing for the petitioner, nothing survives in this petition for adjudication Accordingly, the writ petition is disposed of W‘» Sdl- sATISH K. ANGNmORI Judge ashok