;f^S i° BCEv INTHE HICH COURT OF CHHATTISCARH AT BILASPUR (CC) WRIT PETITION (S) N0. S-S3-3 /2006 WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA, Ashok Kumar Ram (B.Ed.), aged about 48 years, son of Shri Brishbhan Ram, Uppgr Division Teacher, Government (Tribal) Higher secondary school Tamta, Distt. Jashpur (C.G.) PETITIONER ^^ ^^'" '^"" RESPONDENTS 1. -GO^ ^y^^ i ^^ 2. ^•~ • VERSUS State ofChhattisgarh, througtif Secretary, Department of Tribal welfare, Dau Kalyan Slngh Bhawan, Raipur (C.G.) Ttie Commissioner, Department^ ofTribal wetfare, Raipur (C.G.) Assistant Commissionerf Department of Tribal Welfare, District jashpurNagar (C.G.) The principat, Government*' (Tribal) Higher Secondary school - Tamta, Distt. Jashpur (C.G.) 01. PARTICULARS ABOUT THE PETITIONER HIGH COURT OF CHHATTISGARH AT BILASPUR Petitk>uer Respondents Petitioner Respondents -^etitioner Respondents W. P. (s) No. 5833 of2006 Ashok Kumar Ram. V6rsus State of Chhattisgarti & others W. P. (sl No. 5836 of2006 Awdhesh KumarTiwari Versus State ofChhattisgarh & others W. P. (sl No. 5835 of'3006 Anant Kumar Paikra Versus State ofCUiattisgarh & others SiHgle Bench: HonTile Mr. Justice Satislt K. Agnthotrl. ShriA. N. Bhakta, Advocatefor thc Petitktners. Shri Ufkarsh Verma, Govt. Advocate for the State/respondente. ^ 1. ORDER (30& October, 2006) The petitioners are working as Uppcr Diviskxn Teachers/Assistant Teachers in the govenunent schools. In the course oftheir services as Upper Diffision Teachera/Assistant Teachers, the petitfoners have obtaiued B.Ed./B.T.I. examination certificates on their awn expenses before 1.3.1999. Writ Petition (s) No.s 5833/2006, 5836/2006 aad 5835/2006 are beiag disposed ofby this cominon oider as the facts aud question oflaw involyed in fhese petitions are cominoa. According to teamed counsel for fhe petitioners, the petitmners are entifled to two advance increiuents in view of the dccision of ttus Court in fhe case of Yashwant Kumar Bharadwaj Vs. Mimicipal Corporation, Dura and auofher {2006 (II) MPJR-CG 96}. This Court ia fhe casc of Yasbwant Kumar Bharadwaj Vs. Muiucipal Corpoiation, f)vccg and another (Supra), came to fhe conclusiou fhat fhe teachera, who had obtained B. Ed. /B.T.I. 2: ^ 4. '^- -4- Examination Certificate on their own expeases, are covered by fhe circular dated 24.12.98 (Aimeicure P/7) issued by the State Goverument of Madhya Pradesh. Further in the inatter of Smt. Maaoraina Shrivastava Vs. State of M.P. and ofhera { 3000 (1) M.P.L.S.R. 136 } fhe Madhya Pradesh State Administrative Tribunal, Gwatfor Bench, whfle considering the circular dated 1.3.1999 whereiu, it is prcwided fhat the Assistent Teachers, who haye acquired B.Ed. degrec at fheir own cost between 23.10.1964 and 7.5.1973 shaU be entifled to two advance increinents, reUed on decision iu fhe case of Rakesh Kumar Shrivastava Vs. State of M.P. & ofhers passed in O.A.No. 1632/99, decided on 12.10.1999 wherein it is observed that the circular dated 1.3.1999 caunot be made applicable retrospectivcly. Thus, a teacher, may be Assistant Tcacher, who has obtained B.Ed. degree before 1.3.1999 is entifled to Iwo advance increinents. 5. It is pointed out by leamed counsel appearing for the petitioaers fhat fhe fhen State of Madhya Pradesh had filed a Special Leave Ptetition against fhe ordcra passed by the Tribuual and fhe HonTile Supreiae Court dismissed Special Lcave Petition No. 1999/2000 filed ^^unst the ordcr of fhe Tribunal. Therefore, fhe direction to fhe efiFect fhat fhe circular dated 1.3.1999 caiuiot be made applicable retrospectivefy, passed by fhc Tribuiial, becomes fiaal and fhc saine shall be appUcable to all fhe Assistant Teachers who have obtained B.Ed./B.T.I. examiaation certificate before 1.3.1999. It B furfher subslantiated by a circular dated 17.10.2003 tesued by fhe prescnt State of Madhya Pradesh wherein fhe ciicular ctearly states about thc decision of fhe Supreme Court. 6. Learaed counsel for the petitioriers fiirther subnuts that the tacts and question of law iavolved ia the present case are squarefy covered by decision offhfa Court in fh.e case of Yashwant Kuinar Bharadwaj Va. Municipal Corporation, Duig and another (Supra), to which leamed counsel appearing for fhe respondents fairly '';.. 1.-- • hakur 7. concedes and agrees with the avenncnt made by teamed counsel appearing for the petitioncis. Accordingty, the writ petitioa is aBowcd in terms of thc order passed ia fhe case of Yashwant Kuniar Bharadwaj Vs. MuQicipal Corporation, Dung and anofher (Supra), subject to verification of the fact as to whefher fhe petitioners have acquired B.Ed./B.T.I. Examinatiou Certificate on fheir own expenses as per the circulars dated 24.12.1998 and 1.3.1999 and further whefher fhey have been paid Iwo advance increiaents or not. No order as to costs. 8. Acopyoffhisorderbeplacedonreconlofconnectedinatters, Sd/- SatishK.Agnihotri Judge