-s~ ^. .!p""^ In the Honble Hish Court of Clihattishgarhat Bilaspur (C.G.) W.P.(S) No. ^'75~f 2006 •^. Respondent... Petitioner .................. Baburoy Sahu, Aged 43 years. S/0 Shri Ramratan Sahu Assistant Teacher, Govt. Primary School, Peesaygoan, Tahsil & District, Durg (C.G.) VERSUS 1. The State Govemment of Chhattishgarh, / Through the Secretary, Education Department D.K.S. Bhavan, Raipur (C.G.) 2. The Block Education Offi.cer, /^ Durg (C.G) e^ ^? Writ petition under articles 226/227 of the Constitution of India for issuance of writ in the nature of MANDAMUSi Certiorari, Prohibition and other suitable WRIT or writs, Order or orders, Direction or directions. /*;^ r-l^ .^ t? ^"^: >ov' ^&- \1:.^^ ^ (^- <0 XI-HC-78 an^T^iTR-ii* traTSII^Tsbliti V / 3S?=TPn?FT, eirdd'is, Ri<ni«y & *1W<»11 Sf^Tch^u.e.a^.si/.0 W[ 200 Sii^i ><a«> (li?itdls«<]ST) ?^nwBlN'3n^Fr »i<ifci<(l-fiiti<iTfftecA<Rt^&i< ^arf^Tan^T 11.12.2006: Shri Somkant Verma couns^l for the petitjoner. Shri Somesh Bajaj GAforttjie respondent/State. Petltioner isworking as Tea|cher in a Government School. In the course of his service as Teacher, he has olfitained B.T.I. certificate at his own expenses before 1.3.1999. According to learned couns] advance increments in view ofthe Kumar Bharadwaj Vs. Municipal 2006 (^ BffJR - CG 98 whereil obtained B.Ed., M.Ed., BTI certifio^ ciroular dated 24.12.1998 issued b1 el for the petitioner, petitioner is entitled totwo Becision ofthis Court in the case ofYashwant coiporation, Durg and another reported in \\ it has been held that the teachers having ites attheir cwn expenses are covered by the the State Government ofMadhya Pradesh. Further in the matter of Sntt. Manorama Shrivastava Vs. State df M.P. and others reported in 2/000[ Administrative Tribunal, Gwalior degree at their own cost between| two advance increments, relied oil Application No. 1632/1999 decide<j teacher may be Assistant Teacl] 1.3.1999 is entitled to two advancel It is pointed out by the lea the then state of Madhya Pradesh orders passed by the Tribunal ar (1) MPLSR 136, the Madiya Pradesh Bench while considering the circular dated 1.3.1999 wherein it is provided piat the teachers who have acquired B.Ed. 23.10.1964 and 7.5.1973 shall be entitled to the decision in the case of Rakesh Kumar Shrivastava Vs. State of Madh\|a Pradesh and others passed in Original on 12.10.1999 wherein it is obsen/ed that the circular dated 1.3.1999 cannot t|e made applicable retrospectively. Thus, a ier, who has obtained B.Ed. egree before J increments. r •ned ccunsel appearing for the petitioner that had filed a Special Leave Petition against the the Hon'ble Supreme Court^dismissed the XI-HC-78 •si^rqn'f^fR; tWT SfI^T StiHlti 3^-:qPTRPT, ®T(I«'IS,fti-iwy WWTT awra- •^•f--^•5A•••••••w[ 200 3n^?rTaq; (i?ts's"<^) ^nwBfersn^T Therefore. the direction to the efl same shall be applicable to all B.EdYBTI certilioates before 1.3. =bl<s|Ic1<n-1 '<|t|cl)"ffte<^<Rl<^l< ^srf^iTsn^T Special Leave Petition No- 199^/2000 ffled against the wder of the tribunal. ect that the circular dated 1.3.1999 cannot be made applicable retrospectively, [jiassed by the Tribunai. becomes final and the the Assistant Teachers, who have obtained ^999. It is lurther substantiated by a cireular dated 17-10.2QQ3 issued by the |resent State ofUladhya Pradesh wherein the circular clearly states about the de|cision ofthe Hon'ble Supreme Court. . . Learned counsel for the que^ion oflaw involved in the the decisjon of this Court in the c which tearned counsel appearing agreeswith the averments made t Ipetitioner further submits that the facts and prejsent case of petitioner are squarely covered by jase of Yashwant Kumar Bharacta/aj (supra) to for the respondent/State fairly concedes and ^ learned counsel appearing for the petitioner. Accordingly, the writ petit) Court in the matter of Yashwant fact as to whether the petition^! expenses as per the circular datei|l he has been paid two advanoe incf- ion is ailowed in terms of the decision of this <uamr Bharadwaj subject to verification of the r has acquired B.T.I. certificate at his own 24.12.1998 and 1.3.1999 and further whether rements or not. No order as to oost. Sd/- Dhirendra Mishra Judge P.T.O.