•tii I..W x PETITIONER IN THE HIGH COURTOF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(S). N0. 674f /2Q06 DAUWARAMSAHU Ageabout46year, S/o Late Shri Kawadi Ram Sahu Asstt. Teacher, Village - Girra Post.- Sasaha, Via- Palari, Distt. - Raipur (C.G.) RESPONDENT b v-^' VERSUS 1. <-"2. State Govt. ofChhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) District Education Officer Raipur, District-Raipur(C.G.) Block Education Officer /' Palari, District-Raipur(C.G.) WRIT PETITION UNDER ARTICLE 226/^OF THE CONSTJTUTION OF INDIA 3. XI-HC-78 sn^TqiTl^ira; tCT3nwsti>i *11HWI sb*<|ch 3^ •<ll<lld<<, »TH*l'l6,RiciKiy .^.f4$J>.^7.U/.?.£^200 3n^?r(raq? ('pi^^F) CT3TW (lf?tT 3TI^T 1.12. Shri Somkant Verma. couitsel Smt. Anju Ahuja G.A. for tljie The petitioner is workinj^ School. In the course ofhis servij obtained B.Ed. certificate at his Aocording to learned coun^el two advance increments in view Yashwant Kumar Bharadwa oKm another reported in 2008 (21 Yashwant Kumar Bharadwaj Vs. Pradesh. <hi<<?CT<n-i HiiiiTffteIA<l«i«i< ^srt^irsn^T for the petitioner. respon dents/State. as Assistant Teacher in Government ^e as Assistant Teacher, the petitioner has expenses before 1.3.1999. for the petitioner, petitioner is entitled to bfthe deoision ofthis Court in the case of IVs. MyniaBaL^orBOi^ion.L^yrsL and - CG 96. This Court in the case of Munlcipal Corporation, Durg and another (supra), came to the conclusio|i that the teachers, who had obtained B.Ed./B.T.I. Examination Certificajte on their own expenses, are covered by the circular dated 24.12.1998 is^ued by the State Government of Madhya Further in the matter of Slmt. Manorama Shrivastava Vs. State of LP. and others reported in 2000 (1) MPLSR 136, the-Madhya Pradedi Administrative Tribunal, Gwalior pench white considering the ciroular dated 1.3.1999 wherein it is provided] that the Assistant Teachers who have acquired B.Ed. degree at their ottfn cost between 23.10.1964 and 7.5.1973 shatl be entitied to two advancel case of Rakesh Kumar Shriva: others passed in Original Applical wherein it is observed that the applicable retrospectively. Thus, increments, retied on the decision in the ^tava Vs. State of Madhya Pradesh and lion No. 1632/1999 decided on 12.10.1999 lcircuiar dated 1.3.1999 cannot be made ^ teacher may be Assistant Teacher, who has obtained B.Ed. degree befc|re 1.3.1999 is entitled to two advanced increments. P.T.O. XI-HC-78 3n^T?ilRpTRi ((a(T3n^Tsbli+ ^" 3^;:TPIT?PT, STH+l'Ko, Rlctlti^ *ii*iwi sb*rrei W^ 200 ai^i Maa»(4cl'd°l'i.liT) S^ITWflfttTSn^T it is pointed out by the that the then State of Msidhya against the orders passed by th dismissed the Special Leave Pe of the tribunat. Therefore, the d 1.3.1999 cannot be made apptic; becomes final and the same Teachers, who have obtained iurther substantiated by a cireul State of Madhya Pradesh wh( decision ofthe Hon'ble Supreme| Learned counsel for the question of law involved in th) covered by the decision of th| Bharadwaj (supra) to whid respondent/State fairiy concede| tearned counsel appearing for th| Accordngly, the writ pef this Court in the matter of Yashvl of the fact as to whether the p^ own expenses as per the circula| whether he has been pad two costs. +i''<tci'ifl-f HixcfTff te^t rf^nzR ^sri^R'sn^r (arned counsel appearing for the petitioner ffradesh had fiied a Special Leave Petition ^ Tribunal and the Hon'bte Supreme Court (ition No. 1999/2000 filed against the order k'ection to the effect that the circuiar dated |ible retrospectively, passed by the Tribunal, shall be applicable to alt the Assistant i.Ed./BTI certificates before 1.3.1999. It is »r dated 17.10.2003 issued by the present rein the circular ciearly states about the [Court. betitioner lurther submits that the facts and present case of petitioner are squarely fe Court in the case of Yashwant Kumar tearned counsel appearing for the and agrees with the averments made by petitioner. ition is allowed in terms of the decision of 'ant Kuamr Bharadwaj subject to verification ftioner has acquired B.Ed. certiiicate at his dated 24.12-1998 and 1.3.1999 and ftirther advance increments or not. No order as to Sd/- Dhirendra Mishra Judge P.T.O.