SlWftiff R?—';;. ^f") <2-^ !N THE HIG H COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(S). N0.6"llS 12006 PETITIONER ^-\RAMADHARVERMA .••'*'./" ***' /f(.y Ageabout46year, .:...••"rt?^ w--'"^-'t" S/oShriR.L.Verma ^y<'^"..^' "-"—•••••—"•••" ^••'''''. ^Ksy'^b-'''' 5.:.--r(i i?:-'~ Asstt. Teacher, Primary School Janglor ^^"y ^y^-^ '^-••^ ^* Block- Palari, Distt. - Raipur (C.G.) VERSUS RESPONDENT •^^ -V'' ^0^^-^:^ 2- ,0"^CT^S' ^w ^G- . 1. StateGovt.ofChhattisgarh Through Secretary Educational Department ^ D.K.S.Bhawan,Distt.-Raipur(C.G.) DistrictEducation Officer Raipur, District-Raipur(C.G.) 3. Block Education Officer Palari, District-Raipur(C.G.) s^- WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA XI-HC-78 tn^di a»Ki<:t» 3STaiFTR:PT, WTfty'is, Riwi^y ^^.:/?,.C^..^.^^2ooc 3(T^?T 4a<»> (*ic<^si<<<T) 3I1^T^iTf?:irai (isiTsn^TgiiiN; W3TW Hf?cT 3T(^?T 07/12.2006 Shri Somkant Verma counsel Shri Somesh Bajaj GA focthe Teacher Petitioner is working as his sen/ice as Teacher, he has obte(ned before 1.3.1999. fer in a Government Sohool. In the course of B.Ed. certifioate at his own expenses Aocording to learned counsel advance increments in view ofthe det Kumar Bharadwaj Vs. Munrcipal 2006 (2) MPJR - CGS6 wherein obtained B.Ed., M.Ed., BTI certificatet cireular dated 24.12.1998 issued by tl)i tflie Further in the matter of Smt. and others reported in 2000 (1 Administrative Tribunal, Gwalior 1.3.1999 wherein it is provided ths|t degree at their own cost between 22 two advance increments, relied on Shrivastava Vs. State of Madhya Application No. 1632/1999 decided oi|i ciroular dated 1.3.1999 cannot be teaoher may be Assistant Teacher,| 1.3.1999 is entitledto two advancedithc It is pointed out by the learn^d the then state of Madhya Pradesh hap orders passed by the Tribunal and hafcl cbl'yfri'fl-l IIXdl fffSt^t<R]<ril< ^; STI^IT gn^r or the petitioner. respondent/State. for the petitioner, petitioner is entitled to two bision of this Court in the case of Yashwant c^rporation, Durg and another reported in has been held that the teachers having at their own expenses are oovered by the |ie State Government of Madhya Pradesh. Manorama Shrivastava Vs. State of W.P. |) MPLSR 136, the Madhya Pradesh ^ench while considering the oircular dated the teachere who have aoquired B.Ed. j.10.1964 and 7.5.1973 shall be entitled to decision in the case of Rakesh Kumar [Pradesh and others passed in Original 12.10.1999 wherein it is observed that the |made applicable retrospectively. Thus, a who has obtained B.Ed. degree before itlicrements. counsel appearing for the petitioner that filed a Special Leave Petition against the (he Hon'ble Supreme Court dismissed the P.T.O. XI-HC-78 *11HCTI St>*lt«t» 3S? ^iraRTT, CTtflu'is, Rictwy . Kj-p.^yc.-y/s' ^2006 3TI^?T 13W (yi^qi^d') 3n^TwR-ii+ crar STI^T»i ^ s^rrwirf^Tsn^T Special Leave Petition No. 1999/2qOQ Therefore, the direction to the effect] made applicable retrospectively, pas| same shall be applicable toall th^ B.Ed./BTI certificates before 1.3.199' dated 17.10.2003 issued bythe pr®|ent ciroular clearly states aboutthe deois|i Leamed counsel for the pe(i question of law involved in the presetji the deoision of this Court in the oas$ whioh learned oounsel appearing fo| agrees with the averments made by Accordingly, the writ petition| Court in the matter ofYashwant Kuimr Taot as to wtiether the petitioner tt expenses as per the ciroular dated 2-jl. he has been paid two advanoe increnjierits qillTcl'fl-1 *<lial ffte^iRlt^K ^SlRitldfl^l filed against the order of the tribunal. that the circular dated 1.3.1999 cannot be sed by the Tribuhal, becomes final and the Assistant Teaohers, who have obtained 19. It te further substantiated by a circular State of Madhya Pradesh wherein the on of the Hon'ble Supreme Court. titioner further submits that the facts and |it case of petitioner are squarely covered by of Yashwant Kumar Bharadwaj (supra) to the respondent/State fairly concedes and ^arned counsel appearing for the petitioner. is allowed in teims of the deoision of this Bharadwaj subject to verification of the as aoquired B.Ed, certificate at his own l.12.1998 and 1.3.1.999 and further whether or not. No order Sd/- Dhirendra Mishra Judge P.T.O.