IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (S) No.6é75/2006 z {/V Sm . ldyawatl ate] W/o Shri lshwari Prasad Patel Age about 38 years, Asstt. Teacher, Govt. Middle School, Gewra, Block - Katghora, Distt. - Korba (C.G.) VERSUS RESPONDENTS : 1 StateGovt.ofChhattisgarh Through : Secretary, School Education Department Ministry, D.K.S. Bhavan, Raipur (C.G.) /2. AssistantCommissioner Trible Weh‘are Department Collectorate, Korba (C.G.) District Education Officer Collectorate, Korba (C.G.) Block Education Officer Gewra, District - Korba (C.G.) ‘ M f WRIT PETITION UNDER ARTICLE 226/22? OF THE CONSTITUTION OF INDIA {g/ XI—HC—78 WW,W€,W Wm. w-RC9ND .o.o.o.o 0:00.01...‘o éé75/0é a? 290 mmlm) WWW WWW mmffww mmwanéw %311%W311%¥T 06.12.2006 Shri Ajay Shrivastava, cc unsel for the petitioner‘ Smt. Anju Ahuja GA forthe respondent!$tateK ' Petitioner is working as Teacher in Government School. In the course of her service as Teacher, she has obtained B.Ed. certificate at her own expenses before 1.3.1999. According to learned cot nsel for the petitioner, petitioner is entitled to two advance increments in of the decision of this Court in the case of Yashwant Kumar Bhara Vs. Municipai corporation. Durg and another reported in 2006 (2) M JR —~ CG 96 wherein it has been held that the teachers having obtained .Ed., M.Ed., BTI certificates at their own e‘ipenses are covered by the circular dated 24.12.1998 issued by the State Government of Madhya radesh. Further in the matter of smt.' Manorama Shrivastava Vs. State of MP. and others reported in 2 00 (1) MPLSR 136, the Madhya Pradesh Administrative Tribunal, Gwali r Bench while considering the circular dated 1.3.1999 wherein it is p ded that the teachers who have acquired r- B.Ed. degree at their own cost etween 23.10.1964 and 7.5.1973 shall be entitled to two advance increm nts, relied on the decision in the case of Rakesh Kumar Shrivastava V . State of Madhya Pradesh and others passed in Original Applicati No. 163211999 decided on 12.10.1999 wherein it is observed that th circular dated 1.3.1999 cannot be made applicable. retrospectively. Thu . a teacher may be Assistant Teacher, who has obtained B.Ed. degree be ore 1.3.1999 is entitled to two advanced increments. v' w d j r i o XI-HC—78 —_- WWW U; p¢§) No éé 7§/06 ‘mmwfaww WWW wmm ' WW§W®§K MWWW QKWW‘ it is pointed out by thve rned counsel appearing for the petitioner that the then state of Madhya adesh had tiied a Special Leave Petition against the orders passed byt e Tribunal and the Hon’ble Supreme Court dismissed the Special Leave Petition No. 199912000 tiled against the order of the tribunal. Therefore the direction to the effect that the circular dated 1.3.1999 cannot be mad applicable retrospectively, passed by the Tribunal, becomes final and. he same shall be applicable to all the Assistant Teachers, who ha ‘obtained B.Ed./BTI certificates before 1 3 1999 It is further substanti ted by a circular dated 17 10 2003 issued by the present State of Madhya Pradesh whereln the circular clearly states about the decnsron of the Hon'bl Supreme Court . Learned counsel for the etitioner further submits that the facts and question of law involved in th present case of petitioner are squarely covered by the decision of thg Court in the case of Yashwant Kumar Bharadwaj (supra) to whic learned counsel appearing 'for the respondentfState fairly concede and agrees with the averments made by learned counsel appearing fort e petitioner. Accordingly, the writ pet ion is allowed in terms of the decision of this Court in the matter of ashwant Kuamr Bharadvvaj subject'to verification of the fact as to ether the petitioner has acquired B.Ed. certifcate at her 0mm expenses as per the circular dated 24 12 1998 and 1 3 1999 and further whether s e has been paid two advance Increments or not No order as to costs Sd/— Dhirendra Mishra (W ,a Judge P.T.O. l a r v h i