!lSS!3aS-sa9,-"S-SliiS.Rsr G^\^}~- \^ f'' T ^/y1 .^$? ^g /' /9\^b- ^ • c^'\t? ^^ / ^'^. / <l'^/ <?' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CG) WRIT PETITION (S) N0. VJ&IA & / 2010 -^- PETITIONER Om Prakash Chouksey, aged about 45 years, son of Shri Bala Prasad Chouksey, occupation - Service, Asst. Teacher, Govt. Higher Secondary School - Kharsia, Distt. Raigarh (CG) VERSUS RESPONDENTS 1. State of Chhattisgarh, fhrough- Secretary, Department of School Education, Dau Kalyan Singh Bhawan, Raipur (C.G.) 2. (^Direcfor, Lok Shikshan Sanchalnalay, Pension Bada, Raipur (CG) ^ Joint Director (Treasury, Account & Pension), Near Nutan Chowk, Sarkanda, Distt. Bilaspur (CG) District Education Officer, Distt. Raigarh (CG) The Asst. Commissioner, Deptt. Of Tribal, Raigarh. ''' Principal, Govt. Higher Secondary School - Kharsia, Distt. Raigarh (CG) 3. 4. 5. 6. WRIT PETITION U/A 226 OF THE CONSTITUTION OP INDIA. l._- Ariin HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION <S) N0.4646 OF 2010 Petitioner Versus ResRondlents Om Prakash Chouksey State ofChhattisgarh & Others (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri A.N. Bhakta, Advocate for the petitioner. Shri N.N. Roy, Pane! Lawyer for e State. ORDER (ORAU (Passed on this 5 day ofJanuary, 201 1) 1. Learned counsel apDearina for the oetitioner submits that the petitioner is entitled to benefit oftwo advance increments on account of he has passed B.Ed. examination before his appointment at his own cost. It is submitted that the issue involved in the present petition is no ionger res integra, and the same has been flnally decided by the Supreme Court in Asha Saxena v. State of M.P. & Ors.1. 2. It is further submitted that this Court has also taken a similar view in its order dated 6-2-2009 passed in W.P. (S) No.6257 of 2008. Learned coynsel further submits that the order dated 29-4-2010 passed in W.A.No.124 of 2009 wherein relying upon the judgment of theSypreme Court in Asha Saxena (supra) and the order passed by this Court in another W.A.No.87/2009, directions have been issued for consideration of the case for grant oftwoadvance increments as per the ciroutar dated 21-9-1974 issued by the State of Madhya Pradesh, after verification of the facts pleaded in the petition. 3. Learned counsel appearing for the State submits that the case ofthe Detitioner would also be considered on the same lines. 4. In view of the above, the petition is disposed of with a direction to the respondent authorities to decide the claimof the petitioner for grant of two advance increments as per the circular dated 21-9-1974 issued by the State of Madhya Pradesh after verification ofthe facts pleaded in the petition within a period of 8 weeks from today. t^a itf^ 2005 (!11) MPJR (SC) 59