“A 001 / Si0g!& ® 3a@ iié IHE HEGH £GURT $F QHgATTI$GARH AT BILA$PUR W&IT PETETIQN gS! NG,€@3j l 2§G§ PETETIGEER: Bhagiram Sahuii S/o Shri Bulkhuram Sahu, Aged é’a $9 /&é abOUt 54 YearSi Post- Teacheri R/o . “an :resent'gaghn .R.Na ’ ‘&£§6‘?(“0Wg€vmage W, Dhanora Post Dhanora TehaSIi f 5 ~ ( dated................................................ Keshkal, District Bastar (C.G.) V£RSU§ v33 WRET PETETIGW UNQER RTECLE 225 227 OF THE CQNSTITUTION QF INDEA. w RE§PQNDENT$E 1, State of Chhattisgarhé i Through the Secretary, OO§ 69’ OQ Schoo! Education Department (agv 9 l$ \}9W at“ ' ‘ Ministry, D.K.s. Bhavan, Raipur, (c.G.) w °¢C" 2. The District Education Officerv 0v i Jagdalpur, District Bastar,(C,G,) HEGH COURT OF CHHATTISGARH AT BILASPUR w. P. (s) No. 6039 of 2006 Petitioner Bhagiram Sahu Varsus Responcknts : Statg of Chhattisgarh &. others $ingle Bench: Hon’bia Mr. Justice Satish K. Agnihafxi. Shn’ Alok Dcwangan, Advocatc for the Petitioner. mt. Anju Ahuja, Govt. Advocate for the State; respandents. S O R D E R (7th November, 2006) p; The petitioner is working as Assistallt Teacher in the government school in the course of his sewice as Assistant Teacher, the petitioner has obtaineé B.’I‘.I. examination certificate on his awn expenses. befom 1,3. 199g in the year 1977. Aeearéiug to learned counsel for the petiiioner, the peiitioner is entitled to two advance increments in View of the {lecision of this Court io the case of Yashwant Kumar Bharadwaj Vs. Municigal Comoration, Durg and another {2006 (II) MPJR—CG 96}. This Court '111 the case of Yashwemt Kumar Bharadwaj Vs. Municipal Corporation, Burg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed. [B.'I‘.I. Examination Certiflcate on their own expenses, are eovered byk the circular ‘dated 24. 12.98 (Annexure Pf .1) issued by the State Government of Macihya Pradesh. og 3. Further in the matter of Smt. Manorama Shrivastava VS. State of M.P. and others { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Administrative Tribunal, Gwalior Bench, While considering the circuiar dated 1.3.199§ wherein, it ie provided that the Assietant Teachers, who have acquired B.Ed. degree at their own cost between. 23.10.1964 and 7.5.1973 shall be entitled to two advance. increments, relied on decision in the case of Rakesh Knmar Shrivastava Vs. State of MP. (‘35 others gassed. in O.A.No. MM 1632/99, decided on 12.10.1999 wherein it is observed that the circular dated 1.3. 1999 carmot be made applicable retmsimciively. Thus, a teacher, may be Assistant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitled £0 two advance increments. 4. It is painted out by learned counsel appeaiing for The petitioner that the then State of Madhya Pradesh had tiled a Special Leave Petition against the orders passed by the Tn'bunal and the. Hon ’ble Supreme Court dismissed Special Leave. Petition No. 1999/2000 ,J. filed against the order of the Tribunal. Therefore, the direction to the effect that the circular dated 1.3.1999 cannot be made applicable retrospectively, passed by the Tlibunal, becomes final and the same shall be applicable to all the. Assistant Teachers who have obtained B. Ed.,’B.T.l. examination certificate before. 1.3.1999. It is further substantiated. bv a circular dated 17.10.2003 issued by the present State of Madhya Pradesh wherein the circular clearly states about the decision of the Supreme Court. 5. Learned counsel {or the petitioner further submits that the facts and question of law involved in the 13reseiit case are squarely covered by decision of this Court in the case of Yasbwant Kumar Bharadwaj Vs. Municipal Corporation, Burg and another (Supra), to which learned counsel appealing for the respondents fairly concedes and agrees with the averment inade by learned counsel appearing for the petitioner. Accordingly, the writ petition is allowed in terms of the order passed in the case of Yashwant Kiunar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), subject to verification of the fact as to whether the petitioner has acquired B.T.l. Examination Certificate on his own expenses as per the circulars dated 24. 12. 1998 1.3.1999 and further whether he has been paid two advance increments or not. No order as to costs. Sdl— \ Satish K. Agnihotri Judge Bablu