In the Honble High Court of Chhattishsarh at BilasByr (C.G.) W.P.(S)No. 6"?4^ 2006 Petitioner Respondent M. Shrivastava ( Smt. MeeraShrivastava )/' Aged 50 years W/OShri UmaShaakar Shrivastava Assistant Teacher, Govt. primary School ,Padmanabpur Durg Tahsil & District,Durg. VERSUS 1. The State Government of Chhattishgarh, Through the Secretary, Education Department D.K.S. Bhavan, Raipur (C.G.) -Q ^ 2. The Block Education Officer, Durg (C.G) r^ ^ ^^rit petition under articles 226/22Y'of the Constitution of ^/ ^' ^ India for issuance of writ in the nature of MANDAMUS, <-> Certiorari, Prohibitionand other suitable WMT or writs, o Order or orders, Direction or directions. /.^~ The petitioner, above aamed, flirnishes the particulars of the writ petition as under :- ^ XI-HC-78 tTw^fr a»Hra» 3^ •<<i<<i<-i<<, (STflu'ie, Rxiwy ^.^p.a.)i.fe7.^/.^2oo 3ll^<l 4a<»(tc<t^<sii,eT) SfI^TqiTf^TO gan'sfl^T stiiiti 6WIIWBl?tT3;n^T 11.12.200e: Shri Somkant Venna ccwnsel fi Shri Anju Aahuja, GA for the (>r the petitioner. re|spondent/State. Petitioner isworking as Teach^ her service as Teacher, she has obtal before 1.3.1999. •r in a Government School. In the course of ned B.T.!. certificate at her own expenses According to learned counsel f( advance increments in view ofthe Kumar Bharadwq Vs. Municipd 2006 (2) hfflPJR - CG 96 wherein it| obtained B.Ed., M.Ed-, BTI certificate^ circular dated 24.12.1998 issued by thf Bertch Further in the matter of Smt. and others reported in 2000 (' Administrative Tribunal, Gwalior 1.3.1999 wherein it is provided thatj degree at their own cost between 231 two advance increments, relied on tht Shrivastava Vs. State of Madhya Application No. 1632/19M decided on| circular dated 1.3.1999'cannot be teacher may be Assistant Teacher, 1.3.1999 is entitled to two advanced int tt is pointed out by the learne^ thethen state ofMadhya Pradesh haijl ordere passed by the Tribunal and q <t>ntii<fl-i t<|iaTfftgcA<Rit<i< ^Sf^ITan^T ^r the petitioner, petitioner is entitled to two dedsion ofthis Court in the case ofYashwsrt colporation, Durg wid another reported in has been held ttiat the teachers having at their oiwn expenses are covered by the State Government ofMachya Pradesh. Dflanorama Shrivastava Vs. State of M.P. () IWLSR 136, the Madhya R-adesh while considering the circutar dated the teachers who have acquired B.Ed. 110.1964 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 i|nacle applicableretrospectively. Thus, a |who has obtained B.Ed. degree before ifcrements. counsel appearing for the petitioner that filed a Special Leave Petition against the l|ie Hon'ble Supreme Court dismissed the '2 XI-HC-78 *ii*idi ^Hr^i 3^'-<<i<iic-i<< ®Tn'y'l6,Riditfy ^^p.b)..^kh^.^200 3TT^?riraqT (<^3^Er) 3n^Tq)TR.fi<t) cI2(T3IR?Tsti*<l<»> ^^ 'hsi CTaTWBf?(T3TI^?T Special Leave Petition No. 1999/20001 Therefore, the direction to the effed thf made applicable retrospectivdy, passeifl same shall be applioable to afl the 4 B.EdYBTI certificates before 1.3.1999.1 dated 17.10.2003 issued by the preser); circular cleariy states about the decision| Leamed counsel for the petitic|i question oflaw involved in the present 4 the decision of this Court in the case o( which leamed counsel appearing for ttj agreeswith the averments made by leaitied Accordingly, the writ petition is| Court in the matter of Yashwant Kuam( fact as to whether the petitioner has expenses as per the circular dated 24.1 she has been paid two advanoe increme 'bKlTd^l-f *111flTtftofl'<l'alt<l< ^isrl^irgn^r filed against the order of the tribunat. at the circular dated 1.3.1999 cannot be by the Tribunal, becomes final and the ssjstant Teachers, who have obtained It is further substantiated by a circular t State of Madhya Pradesh wherein the ofthe Hon'ble Supreme Court. ner further submits that the facts and ase of petitioner are squarely oovered by FYashwant Kumar Bharacfcvaj (supra) to ie respondent/State fairly concedes and counsel appearing forthe p^itioner. allowed in terms of the decision of this Bharadwaj subject to verification ofthe acquired B.T.I. certificate at her own 2.1998 and 1.3.1999 and further whether nts or not- No order as to cost. Sd/- Dhirendra Mishra Judge P.T.O.