: m: ^ "Yi' /' IN THE HIGH COURT OF CHHAmSGARHAT BILASPUR W. P. (S) No. OF 2011. PETITIONER 5^^. ^•^^ »»• Atma Ram Nag, S/o. Shri Heera Ram Nag, ^d~1^^ aged about 39 years, Upper Division Teacher, Govt. Middle School Jhipatola, Block - Charama, District Kanker [C.G.\ VERSUS RESPONDENTS l". State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2." Assistant Commissioner, Tribe^Development Department, Kanker, District Kanker (C.G.) r' ,'•- 3. ' Treasury Officer, Treasury Account and Pension, Kanker, District Kanker (C.G.) 4.r Block Education Officer, Charama, District Kanker (C.G.} WRIT PETITION UNDER ARTICLE226 QF THE CONSTITUTION OF INDIA II H ^^SiR&i:' BnSiBBi {5|e"&Ntfr^ iURTOF iLASi UT PETSTiON UNDEI Atma Ram Naa. State of Ch ITICLE 226 Ot arh and otl iSTSTI Shri SomKant V/erma, counsei for Detitione Shri Satish Guota, Govt. Advocate for the IJfi't/<5nt'S"' K 2. Learned counsei appearina for the peiitioner submits Shat the petltioner is entitied to benefit of two advanoe increments on account of he having passed i.T.i. examination before his appoinfmenS as his own cosf. It is submitted that the issue invoived in the presenf petition is no fonger res integra and the same has been finaliy decided by the Hon'bie Supreme Court in the oase of Asha Saxena 'v's. ofM.P. & Ors., {!!!} MPJR (SC) 59. 3. li is further submitted that this Court has also taken a simitar view in its order dated 06/02/2009 passed in W.P.(S) No. 6257 of 2008. Learned counsel for fhe petifioner further draws anention of this Court to order dated 29/04/2010 passed in 'Writ Appeai No. 124 of 2009, wherein relyina upon the judgment of the Suureme Court in the case of Asha Saxena fsupra) and ihe order oassed by fhis Court in another Writ Appeai No, 87/2009, directions have been issued for consideraiion of the case for grant of two advence increments as oei' cireular dated 21/09/1974 issued by ihe State of Madhya Pradesh, after verification of ihe facts pieaded in the petition. 4. Learned counse! forIhe State submifs that case of the Defitioner vwuld also be considered on the same lines. 5. In vlew of fhe siatement made above, this petiiion is finaliy disposed off with a direction to the respondent authorities to consider and decide the claim of petiiioner for grant of two advance increments as per circular dated 21/09/1974 issued by fhe State .of Madhya Pradesh, after verification of the facts pieaded in the oetition wifhin a period ofthree months from today. ?Aisbra pras )<— ,bant^u!ttar judge