Petitioner HIGH COURT OF CHHATTISGARH AT_BILASPUR Writ Petition (S) No. 1529 of2009 Smt. Sushila Yadav, W/o Shri A.K. Yadav, Aged about 46 years, Presently working as Lecturer in Govt. Higher Secondary School, Farasvani, Distt. Korba Chhattisgarh. Respondents : 1. State of Chhattisgarh throu^i Secretar^', Deptt. of Tribal Welfare, Mantralaya, DKS Bhawan, Raipur, Chhattisgarh. . 2. Assistant Commissioner, Tribal WeUare, Korba, Distt. Korba, Chhattisgarh. 3. Principal, Govt Higher Secondary School Farasvani, Distt. Korba, Chhattisgarh. HVRIT PETTnON L'NDER .'VRTICLE 226/227 OF THE CONSTITUTION OF INDIA) (SB: Hon'Me Mr. Satish K. Asnihotri, J.} Present : Shri Vivek Kumar Shrivastava, Advocate fbr the petitioner. Shri Arwi Sao, Gov-t. Advocate for the State. (Passed osi 24U1 day ofMarch, 2009) With the consent ofthe parties, the matter is taken up for hearing finally. The petitioner, by tlus petition, seeks a writ in the nature ofmandamus du'ectmg tiie respondents to comply the circular dated 24.12.1998 and judgment aiid order dated 06.02.2009 passed in the matter ofPreetam '"'•'Smeh Parihar & Others Vs. Tlie State of Chhattisgarh & Another aiid other coruiected matters (Aimexure P/4). 3. Tliis court, in the matter of Yashwant Kumar Bharadwcg' v. Municipal Corporation, Durg and another^, passed the following order: ; 2006(U) MPJR-CG 96 .u^.-....aA..^.lfflHBK'' 10. On perusal of the above stated circulars, it is explicit that the circular dated 1-3-1999 is applicable to only Assistant Teachers (Lower Division Teachers) and not to other Teachers (Upper Division Teachers). The present petitionei- is not govemed by the ch-cular dated 1-3-1999. The circular dated 24-12-1998 is gtill in force with modification and the circular dated 24-12- 1998 would be applicable to all the Teachers includmg Upper Division Teachers. The circular is veiy clear to the effect that all the Teachers, who have obtained B.Ed., M.Ed., B.T.I. ete. training eertificate are entitled to two advance increments." On the same line, order was passed in fhe matter ofA.N.V. Satyanarayan & Others Vs. State of Chhattisgarh, wherein the petitioners, obtained B.Ed./B.T.I./D.Ed. certificate prior to joining of serviee as Assistant Teachers. The circular dated 24.12.198 does not deal with those cases 'ndierein the Assistant Teachers have obtained B.Ed./B.T.I./D.Ed. certificate priorto entering inthe service. The review petitions against the orders dated 7.2.2007, 4.3.2008, 10.11.2006 & 1.2.2007 passed in W.P.(S) No. 697/2007, W.P.(S) No. 1430/2008, W.P. No. 58/2006 & W.P.(S) No. 626/2007, were filed. The said review petitions, being Review Petition No. 17/08 connected with Review Petition Nos. 18/08, 19/08 & 20/08 were decided on 03.03.2009. It was held inthe said order as undei-: "In the result, the orders dated 7.2.2007, 4.3.2008, 10.11.2006 & 1.2.2007 passed in writ petitions i.e. . W.P.(S) No. 697/2007, W.P.(S)-NQ. 1430/2008, W.P. No. 58/2006 & W.P.(S) No. 626/2007, respectively are recalled and the . said writ petitions are hereby disniissed. No order asto costs Sahu 7. The facts in fhe present ease is same to fhat of in review petition No. 17/08 (State of Chhattisgarh Vs. A.N.V. Satyanarayan & Others, aiid other connected review petitioiis), wherein tlie Assistant Teachers, who have obtained B.Ed./B.T.I./D.Ed. certiGcate prior tojoirung ofservice as Assistant Teachers. Thus, fhe ordei- passed in the matter of Yashwant Kumar (Supra) is not applicable to the facts offhe present case. The petition is accordingly dismissed. No order as to costs. Consequently, pending applications, ifaiiy, stand disposed of. Sd/- _ . , SatiAK.Ag»ih«trl Judge