^" ZTB IN THE HIGH COURT OF CHHATTISGARH^AT BILASPUR W.P. fSl No. ^ ^^ /2007 PETITIONER .^> <>^<:<r€'y/~ ,,..llr/' /1/>" •y.f'." >-" >' ^3' ..••'' s^~' ^-/ RESPONDENTS V"1- 2 ^ r^i^y'i, ?-7 ^^^y^ ^y^^'^^ 1\-°' ,,^rtlT PETITION Parmeshwar Lat Yadav S/o, Shri Chhammanidhi Yadav ^" Aged about 47. years Post-Assistant Teacher R/o. Village -Madanpur , Tahsil & District Raigarh (C.G.) VERSUS State of Chhattisgarh Through : Secretary Department of Education Mantralaya, D.K.S. Bhawan, Raipur (C.G.) District Education Officer, Raigarh District Raigarh (C.G.) Block Education Officer Block-Raiagrh Districr-Raigarh (C.G.) G^ U/A ^' 2JL6 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRITS IN THE NATURE OF MANDAMUS_AND CERTIORARI AND FOR OTHER SUITAB L E WRITS AND DIRECTION S KESMfOURT OF CHHATn.SSARH AT KILASPUR Petitioner W. P. (5) No. 939 of 2007 Parmeshwwa' Lnl Yadav Versus Respondents : State of Chhatti^arh & o'thers Singte Bench: Hon'bfe Mr. Justice Satish K. Agrrih<rtri. Mr. Anil Mourya, Advocate for ihe Petitioners. AAs. S.inita Jain, Panel lawyer for the State/respondents. OR&ER (Passed on -this 20th day of Februory, aX)7) 1. The petitioner is workmg as Assisftmt Teacher m Ihe Govw/mwsn't Primary School Malunara, Block and District-Rai9ttrh. In -the course of •their servi»s as Assistmt Teacher, the petitioner has obtained D.Ed. Exnmination Cert'ificates in Ihe year 1996, on Iheir own expenses. 2. Leamed counsel appearmg for Ihe petitionei* submits that the question invotvc^l, herein asto whe-ther the teachers, wA>o obtouwd &.Ed. Examination Certificates on their own expenses, is entitled to two advance increments. 3. According to tearned counsel for the petitioner, Ihe petitioner is entitled to -two advance increments in view of the decision of Ihis Court in the case of Vashwant Kumar Bhuradwaj Vs. Mwiic^ial Corporation. Owg aid amther (2006 01) PJR-C6 96}. This Court in the case of Yashwant Kumar aradwaj Vs. Municipal Corporution, Durg and onother (Supro), came to the conchision that the teachers, who had obtained B. Ed. /B.T.I. Excnination Certificate on their own expenses, are covered by the circulcr dated 24.12.% issued by the State ©overnmentof Madhya Prade^i. In subsequent cases, i.e., Writ Petition (S.) No.4130 of ZWJ6 (.Sapesli Kvmar Verma vs. Tite ^<»y»6o»t. af Oihattlsgmii wid evwHwi^ ond other connected matt'ers, decided by this Court en 15-12-2006, pursuant to the memo dated 28-1-t995, isaied by -the Secretary, Board of Secondary Education, Bhopal <nid the proqwchis of Diptoma in Education Exaraination. it was chrified that -the nomencloture of the Boisic Training Institute, i.e., B.T.I. has been changed cnd renamed as Diploma in Education, i.e., O.Ed. Accordingly, the D.Ed. Certificate holders are also covered by 1+»e decision in Writ PetMiwi (5.) No.4130 of 2005 (.Sapesfi Kwaer Kenmvs. Tlie State 6ovt. ef Chhattisgarh and aiwrtwf^ (5iupro). Leamed counsel for the petitioner further submits -rtwt the facts and question of hw involved in -the present case is sqiwrely covered by decision of this Court- in the case of Yashwont Kumar Bharadwflij Vs. Municipal Corporation. Diyg and another (Supro), to which leamed counsel oppearing for -the respwidents fairly concedes ond agrees with the averment made by tearned counset appearing for the petitioner. , _ 6. Accordhigly, the writ petitton is allowed in terms of -the order passed in the cass of Yashwant KunKU- Bharadw<y Vs. Municipal Corporation. Durg and another (&^>ra), subject to wrification of •the fact as to whether the petitioners have acquired D. Ed. Examination Cerl-ificates on their own expenses as per •the circuhrs chted 24.12.1998 A l.3.1999 and further whether they have been paid two advance increments or not. No order as to costs. Subhash Sd/- SatishK.Ag Judge