~ -y- asr: ^^r"-^.. ..-., S'^Qi F1 IN THE HIGH COVKI OF JUDICATUBE A2 BIIASPUR (C.G.) PETITIONERS: A^ ^w^ ^y .v' ;y \<?<- ^ W. P (s) No.....l&..'^,/:....../2007 Bhuvneshwar Dhar Sharma Aged About 48 years, S/0 Shri C.D.Sharma, R/0 Asst Teacher,Govt. Primary School,Khapri, Tahsil Masturi, Distt Bilaspur (CG) Shivpal Singh Chandra Aged About 36 years, S/0 Shri H.S.Chndra, R/0 Asst Teacher,Govt. Primary School,Kikirda,Block Jaijepur , Distt Janjgeer-Champa (CG) Smt. Sarla Thakur Aged About 49 years, W/0 Shri B.S.Thakur R/0 Asst Teacher,Govt.Girls Primary School,Chakarbhata Camp, Tahsil Bilha, Distt Bilaspur (CG) Ashwani Kumar Tiwari Aged About 37 years, S/0 Shri H.P.Tiwari, R/0 Asst Teacher,Govt. Middle School,Haranmudi,Block Pali, Distt Korba (CG) Rohit Kumar Thakur Aged About 43 years, S/0 Shri M.S.Thakur R/0 Asst Teacher,Govt. Primary School,Kucharbod Tahsil Patharia, Distt Bilaspur (CG) VERSUS ''^.•' RESPONDENTS: 2. ,3. 4. /5. 6. 7. School Bhawan State of Chhattisgarh Through the Secretary Department of Education, D.K.S. Mantralaya •{ Raipur (Chhattisgarh) * The Assistant Commissioner, Tribal Department Bilaspur District Bilaspur(CG) . The Assistant Commissioner, Tribal •Department Korba District Korba(CG) District Education Officer Bilaspur District Bilaspur(CG) District Education Officer Korba District Korba(CG) District Education Officer Janjgeer-Champa' District Janjgeer-Champa(CG) The Director of Public Instruction, Pension Bada, Raipur, (CG) WRIT PETITION UNDER ARTICIE 226 OF THE CONSTITUTION OF .(INDIA OF ISSUANCE OF APPROPRIATE WRITS OF MANDJUIUS SSD GERTIOKARI AND FOR OTHER SUITABLE WRITS AND DIRECTIONS: 1. PARTICUIARS OF THE PETITIQNERS_L HI6H COURT OF WHATTLSGAWH AT BILA9>UR W.P.(S)No.867of 2007 Petitioners Bhuvnerfiwar Dhar Sharma and others Versus Reqaondents ; State of Chhatt-isgarh & others Single Bench: Hon'ble Mr. Justice Satish K. Ayiihotri. Ms. Sunita Jain, Advoeate for the Petitioners. Ms. Deepali Pandey, Panel hwyer for the State/respondents. ^- ORDEft (Passed on this 13ih day of February, 2007) 1. The petitioners are working as Assistant Teachers in the govemment school. In the course of -their services as Assistant Teachers. the petitioners have obtained D.Ed. Examination Cert'ificates on their own expenses. 2. Learned counsel appearing for the petitioners submits that the question invotved, herein asto whether the teachers, who obtained D.Ed. Examination Certificates on their own eMpenses, are entitled to two advouice incremaits. 3. According to leamed counsel for the petitioners, the petitioners are entitled to two advance increments in view of Ihe decision of this Court in the case of Yashwant Kunar' Bharadw<y Vs. Municipal Corporation. Qwg and another {2006 01) MPJR-C6 96}. This Court in the case of Yadiwant Kumar Hiarodwoij Vs. Municipal Corporation. Durg ond another (&ipra), came to the conclusion that the teachers, :p »- % who had obtained B. Ed. /B.T.I. Examination Certificate on -their own expenses, are covered by the circular dated 24.12.98 (Annexure P/7) isaied by theStote ©overnmentof Modhya Pradedi. 4. In subse<yjent cases, i.e., Writ Petition (5.) No.4130 of 2005 {jSvyesh Kwnap Vepma vs. The State Sovt. of ChhatHsgarh and eawtlief) ond o-ther connected matters, decided by this Court on 15-12-2006, pursuant to the memo dated 28-1-1995, issued by the Secretary, Board of Secondary Education, Bhopal cmd the pro^»ectusof Diploma in Education Examination, it vros ctarified that the nomenckiture of the Basic Training Institute, i.e.. B.T.I. has been chonged and renamed as Diploma in Education, i.e., O.Ed. Accordingly, the D.Ed. Certificate holders are also covered by the decision in Writ Petition (S.) No.4130 of 2005 (.ffopesh Kwwr Vermam. The State Sovt. of Chhattisgavii and aiwtha) (&ipra). 5. Leamed counsel for -the petitioners further submits that the facts ond question of law involved in the present case are squarely covered by decision of this Court in the case of Vashwant KiNntuc Bharadwaj Vs. Municipal Corporation. bwg and another (Supra). to which leamed coun^l appearing for the respondents fairly concedes and agrees with the averment made by learned counsel oppearing for the petitioners. 6. Accordingly. 1+ie writ petition is allowed in terms of Ihe order passed in the case of Yashwant Kianar Bharodwai Vs. Municipal Carporotion. tiurg and another (Supra), aibject to verification of "'^witast^HWHa^wets^sus^uii. ^^tSSS^^S? the fact as to whether the petitioners have acquired D. Ed. Examination Certificates on their own expenses as per tiie circutars dated 24.12.1998 & 1.3.1999 and further whether they have been poid two OKlvance incrementsor not. No order as to costs. Satish K. Agnihotri Judge ¥- /