-2- (!f-\zr0^-^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .G ) WRIT PETITION (S) N0.7 2-®c,/2006 PETITIONER ^^^. ^.^^:./ ^<^- :;.'"-^y' ft^SPO^DENT ;^ \ ofc ^ l^ ^- ^•y' ~Smt. Bashudha Shukla D/o shri. B.K.Dfadt, age, 45,years Presently working as Asst. Teacher In Pancham Diwan, High school Bhatapara, Disst. Raipur (C.G) 1. State of Chattisgarh Through -Secretary Deptt. Of Education Mantralya D.K.S.bhawan, Raipur.(C.G) !. District Education Officer, Raipur, Distt. Raipur Chattisgarh. 3. Block Education Officer, ..' Bhatapara, Distt. Raipur Chattisgarh 'WRIT PETETION UNDER ARTICLE 226/®7OF THE CONSTITUTION OF INDIA FOR ISSUANCE OP APPROPRIATE WRIT IN THE NATURE OFMANDAMUS ,CERTIORARI ETC. XI-HC-78 j^f:f3]fysvf,i^Kii<i;fi%,?r< RV-'SR-TX ^liHCTI y^s. ^KIf^K--w^...s^r)A^.-^r^g^^ffff Q^ ^ftt!^iraaw^i|crfg^^) an^r^iji^ij^i TOT3TK?T<»>11t»> ;:;;?^nwHf?(T3n^t <tii<ilci41-f ^wvK fffs^f tlMi^KT TCETiS fSTK T^lF TiS71=:F5^ Slf^IT a.n^;CT'F!^ rf^TfS T,Sn 02.01.2007: Shri Vinod Deshmukh and Sh Ms. Sunita Jain RL for the Vivek Verma counsel for tfie petitioner. ite. ! res|[>ondents/Stat( Petitioner is worRing as Teaclfier his service as Teacher, she has obyined before 1.3.1999. I in Govemment School. |ln the course of i B.Ed. certjficate at her own expenses According to learned counsel 1 advance increments in view ofthe dei Kumar Bharadvrai Vs. Mynicipal ci :or the petitioner, petitioner ?s entitled to tv/o ;ision of this Court in the oase of Yashwant i irporation. Dura and anather reported in 2( G (2) MPJR - CS 96 wherein |t has been held that the teacbers having obtained B.Ed., M.Ed., BTI certificate^ at their own expenses are covered by the 1 . .. 1 _ _ ' .. 1 circular dated 24.12.1998 issued by tljie State Government of Maelhya Pradesh. Further in the matter of Smt. Manorama Shrivastava Vs. State of M.P. and others reported' in 2WSO (1) MPLSR 136, the Madhya Pradesh Administrative Tribunal,| Gwalior B^noh while considering the circular dated 1.3.1999 wherein jt is jprovjded th^t tfie teachers who have i acquired B.Ed. i ' 1 s degree at their ovvn cost between 2^.10.1964 and 7.5.1973 shall be entitled to two advance increments, relied on t(ie deoision in the case of | Rakesh Kumar Shrivastava Vs. State|of Madhya |Pradesh and others passed in Original Application No. 1632/1999 decided 0(1 12.10.1999 wherein it Is o.faserved that the circular dated 1.3.1999i cannot be teaoher may be Assistant Teacher 1.3.1999 is entitled to twb advanced i It is pointed out jby the learn^ the then state of Madhya Pradesh h^d made applicable retrospeptively. Thus, a who has obtained B.Ed! degree before icrements. i d counsel appearing for We petitioner that filed a Special Leave Pefltion against the XI-HC-78 XI-HC-78 i3^':»l:l*IIS'W,:SSifl ft6,ci° 7^/ iH;W<TOS»i»irai . i^f>. 72-e-b/t) fc >r^"t j* ^,*.»^.* .* ,*,*^ ^* ^fcw^Y'^^in'STp'iOT^ Cps ?'?'i'^1'T?fr,iifr1 i^n^ww('^rfg^w) sii^T^iTi&gt^t gsir sncRT sbyi* 9-;;-' ;"ii"; ;S^T[W:Hf?(T31T^li 1999/20t30 ordere passed by the Tribunal and Special Leave Petition No. Therefore, the direction to the effectl made appticabte retrospectively, pas^ same shali be applicable to all th^ B.Ed./BTI certifioates before 1.3.- dated 17.10.2003 issued by the pre^ cireular olearly states about the 1939 decisibn Learned counsetjfor the petftioner question of law involved jn the prese^it by the decision of this Court in the c^se to which learned counseliappearing fljir agrees with the averments made by!( Accordingty, the writ petition| Court in the matterof Yashv/ant Ku^mr fact as to whether the Ipetitioner expenses as per the oiroular dated 24. she has been paid two advance inoretnents <tii<<tii41-i imfat' fffs^ ^fS^f<? '!?&TS VSK ^'gtB 7ST~~% 3^Sf an^rl •stF^ 7??TF6113' ;he Hon'ble Supreme Court dismissed the filed against the order |of the tribunal. that the circular dated 1.3.'|999 cannot be ;ed by the Tribunat, becomes final and the Assistant Teachers, whoihave obtained ). It is further substantiate^ by a circular i ,ent State of Madhya Pradesh wherein the ofthe Hon'ble Supreme Gourt. further submits that| the facts and case of petitioners are squarely covered of Yashwant Kumar Bhafad'<vaj (supra) the respondent/State fairly concedes and ^arned counsel appearing.fot the petitioner. is allowed in terms of the clecision of this Bharadwaj subject to verifioation of the acqulred B.Ed. certifica;te at her own Has .12.1998 and 1.3.1999 andfurther whether '[ L--^- or not. Na order as to bosts. Sd/- Dhirendra Mishra Judge P.T.O. ^li. BB'