WSM ? Rpyf'k - e"- r^ ^ \<^i0 ••' Q) IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.(S) No. 6^S>{ / 2006 PETITIONER Bedram Diksena, S/o. Shri, Ragunath Aged about 42 years, Assistant Teacher, Primary School - Eraf, Block - Pali Distt. Korba, (C.G.) VERSUS RESPONDENTS .^•k^ ^s^^ ^- .•••" 's.ssS^^""" ^&^^^^ ^ vA^^V> ^^~ t:-. State of Chhattisgarh & Others Through- The Secretary, Tribai Welfare Department, D.K.S. Bhawan, Raipur (C.G.) Commissioner Triba! Welfare, Chhattisgarh Govt. Raipur, Assistant Commissioner, Tribal Welfare, Distt.-Korba (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT, DIRECTION ETC TO DO JUSTICE IN THE MATTER. HIfiH COJKT OF CHHATnSSARH AT BILASPUR W. P. (5) No. 6891 of 2006 Petitioner ; Bedram Diksena Versus Respondents: State of Chhattisgarh &others And W. P.(S)No. 6897 of 2006 Petitioner ; Taren Lat Chandrakar Versus Respondents: State of Chhattisgarh <S others Single Beneh; Hon'ble Mr. Justice Satish K. Agnihotri. Pre.se.nr. Shri A.5. Rajput, Advocote for the Petitioner(3). Swt. Anju Ahuja, Deputy 6ovt. Advocate State/respondents. OR&ER (Passed on 13m doy of December, 2006) 1. The petitioners are working as Assistant Teachers in ttie govepnment schoots. In the coura of their services oe Assistant Teachers, the petitioners have obtained B.Ed. examination certificates on their own expenses before 1.3.1999. 2. Writ Petition (S) No.s 6891/2006 omd 6897/2006 are being disposed of by this common order as the facts ond question of faw involved in •Ihese petitions are common. 3. According to learned counsef for the petitioners, the petitioners are entitled to two advance increments in view of the decision of this Court in the ca-se of Yashwant Kumar Bharadvini Vs. Municipal Cot^oration. t)ut-() ond ano-ther {2006 CCT) MPJR-C6 96}. This Court in •t+ie case of Yadiwant Kumar Bharadwaj Vs. Municipal Corporation, Durg oaid onother (&^>ra), came to the conclusion •that •tiie teachers, tAo had obtained 8. Ed./B.TJ. EKamination Certificate on their own expenses, are covered by the circular dated 24.12.98 (Annexure P/7) issued hy the State Sovernment of Madhya Pradesh. Further in the matter of Smt. Atonorama Shrivostava Vs. State of M.P. and o-thers { 2000 (1) M.P.L5.R. 136 } the Madhya Pradedi 5-tate Administrative Tribunal, Swatior Bench, wrfiile considering the circular dated 1.3.1999 wherein, it is provided that the Assistant Teachers, tdio haye acquired B. Ed. degree at their own cost between 23.10.1964 and 7.5.1973 Aall be entitled to two advance increments, relied on deciswn in the case of Rakesh Kumar Shriyastwa Vs. State of M.P. <S others passed in O.A. No. 1632/99, decided on 12.10.1999 wherein it is observed that the circular dated 1.3.1999 cannot be made opplicable retroqiectivety. T1ius, a teacher, maiy be Assistant Teacher, who has obtained B. Ed. degree before 1.3.1999 is entMed to two advance increments. ¥- 5. It is pointed out by tearned counsel c(»pearin9 for the petitioners that the then State of Madhya Pradesh had filed a Spectal Leave Petition against the orders passed by the Tribunal and the Hon'bte Supreme Court dismissed Special Lewe Petition No. 1999/2000 filed oigainst the order of the Tribunal. Therefore, the direction to the effect that the circuiar dated 1.3.1999 cannot be made applicable retrospectively, passed by the Tribunal, becomes final and -t+ie same shall be applicable to all the Assistant Teachers who have oblained B. Ed./B.T.I. examination certifioite before 1.3.1999. It is further substantwhsd by a circular dated 17.10.2003 isaied by the pre^nt State of Madhya PradeA wherein the circular ctearly states about the decision of +he Sjpreme Courh | 6. Learned counsel for the petitioners further submits that •tiie facts and question of law inwlved in the present case are squarely covered by decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipaf Corporation, Durg and ano+her (Supra), to which learned counsel oppearing for the respondents fairly concedes and agrees wi+h the averment made by tearned counse! appearing for Ihe petitioners. 7. Accordingly, the writ petitions are altowed in terms of the order passed in the case of Yoishwant Kumar Bharadwaj Vs. Municipat Corporation, Durg and another (&ipra), aibject to verification of the fact as to whe-ther •Hie petitioners have acquired B. Ed./B.T.I. Examination Certificate on -their own expenses as per •the circulars dated 24.12.1998 caid 1.3.1999 ond further whe-ther they hwe. been paid two advance increments or not. No order aiS to costs. 8. A copy of this order be placed on record in connected matters. Sd/- Satish KAgmhotn Judge •¥•> ash