^fiLE ci;s.*»^ 0>-^\<^> IN THEIUGJLCOURT OF ^UDICATURE AT BILASPUR CHHATTISGARH W.P.(Sl N0. ^^^ / 2006 Petitioner ..-^' s^'^y.. rAW .^' 7 'A^\^' ^0.·'··" !»• ^ ./••^.•^ ..•••" .^ 0^.?"' ••''^'^ ^' ^' .®~- <ry\^' VERSUS Padum Kumar Sahu,,/ S/o. Sri Thanda Ram Sahu, aged about 39 years, Asst. Teacher Govt. Higher Secondary School Pali, Tahsil- Pali, Distt. - Korba (C.G.) Respondents 1. State of Chhattisgarh & Others / Through- The Secretary, Department of School Education/ T.W.D., D.K.S. Bhawan, Raipur (C.G.) 2. Commissioner,,/ Tribal Welfare Department Chhattisgarh Government, Raipur (C.G.) 3. Asstt. Commissioner /^ Tribal Welfare Department, Distt.- Korba (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT. WRITS, DIRECTION ETC TO DO JUSTICE IN THE MATTER. HIGH COURT OF CHHATTISGARH AT SILASPUR SiNGLE BENCH : HON'BLE IVIR. SATISH K. AGNIHOTRLJ, WRiT PETiTION (S.S NO.S839 OF 200S P^tltioner Resoondents Versus Shyam Kartik Gupta State of Chhattisgarh and others WR!T PETJTiON ES.i NO.S696 OF 2006 Petitioner Respondents Versus Muntezim Ahmad Siddique Stateof Chhattisgarh and others WR1T PETiTION (S.) N0.5694 OF 2006 Petitioner Respondents versus Padum Kumar Sahu State of Chhanisgarh and others Present : Mr. A.S.Rajput,-counselforthe petitioners in alithe petitions. Mr. Utkarsh Verma, Deputy Government Advocate for the respondents/State in ail tne petitions. ORDER (Passed on 26" of October, 2006) The petitioners are working as Assistant Teachej? in Government Schoois. the course of their ser/ice as Assistant Teacher, the petitioners have obtained B.Ed. Certsficate at their own expenses before 1-3-1999. 2. Writ Petitions (S.) No. 5699 of 2006, 5696 of 2006 and 5694 of 2006 are being disposed of by this common order as the facts and questron of law involved in these petifions are common. 3. Accorciing to tearned counsel for the pstitionsrs, the petitioners are entitled to two advance increments in view of the decision of this Court in the case of Yashwant Kumar Bharadwaj vs. Municipal Corporatton, Dwg andanoiher , wherein it has been held that the Teachers. having obtained B.Ed., M.Ed., B.T.I.Certificates, attheir own expenses, are covered by the circuiar dated 24-12-1998 issued by the State Government of Madhya Pradesh. 4. Further.in the matter of Smt Manorama Shrivasiava vs. State ofM.P. ancjotiwrs , the Madhya Praa'esh Administrative Tribunal, Gwaiior Bench, whiie considering th@ circular dated 1-3-1999, wherein it is provided that the Assistant Teachers, who have acquired B.Ed. Degree at their ?wn cost between 23-10-1964 and 7-5-1973 shall be sntitled to two advance increments, reiied on decision in the case of Rakesh Kumar Shnvastava vs. State of M.P. and others passed in Originai Application No. 1632 of 1999, decided on T2--)0-1999, wherein ii is observed that the circular dated 1-3-1-999 cannot be made appiicable retrospectively. Thus, a Teacher, may be Assistant Teacher, Vi/ho has obtained B.Ed. Degree before 1-3-1999 is entitted to two advance increments. 5. it is pointed out by learned counsel appearing for the petitioners that the then State of Madhya Pradesh had fiied a Special Leave Petition against ths orders passed by the Tribunal and the Mon'ble Supreme Court dismissed Special Leave Petition No.1999 of 2000 filed against the order of the Tribunal. Therefore, the direction to the effect that the cireular dated 1-3-1999 cannot be made applicable retrospectively, passed by the Tribunai, becomes final and the same shall be appiicable to ati the Assistant Teachers, who have obtained B.Ed./B.T.I. Certificates before 1-3-1999. It is further substantiated by a circular dated 17-10-2003 issued by the present State of Madhya Pradesh, v/herein the circuiar clearly states about the decision of the Hon'ble Supreme Court. 6. Learned counsei for the pstitioners further submits that the facts and question of iaw involved in the present cases are squareiy covered by the decision of this Court in the case of Yashwant Kumar Sharadwaj (Supra), to which lea(ned counsei appearing for the: respondents/State fairly concedes and agrees with the averments made by learned counsei appearing for the petitioners. 7. Accordingly, the writ petitions are allowed in terms of the decision of this Court in the matter of Vashwant Kumar Bharadwaj (Supra), subject to verification of tha fact as to whether the petitioners Go?a? have acquired S.Ed. Certificate at their own expenses as per the circulars dated 24-12-1998 and 1-3-1999 and further whether they have been paid two advance increments or not. No order as to costs. 1 8. A copy of this order be placed on the record pf the connected writ petitions. --—--__ Sd/- Satish K. Agnihotri Judge 1 2006 (il) MPJR-CG 96 2 2000 (1) ?/I.P.L.S.R. 136