IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .G) T7 ‘3 Q2006 WRIT PETITION (S) NO PETXTKONER /1«: State Deptt. of Chattisgarh Through —Secreta1y Of Education Mantralya D.K.S.bhawan, Raipur.(C.G) I27. District Education Officer, / Raipur, Distt. Raipur Chattisgarh. Block Education Officer, Bhatapara, Distt. Raipur Chattisgarh WRIT PETETION UNDER ARTICLE 226/%7 OF THE CONSTITUTION OF C ? { @ L Xmt. Suman gupta W/o shri. Kamlesh gupta, age, 57,years PreS6nt1y working as Asst. Teacher In Govt. middlc school Bhatapara, Disst. Raipur (C.G) INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OFMANDAMUS ,CERTIORARI ETC. @ XI—HC—78 3a W,»®?I1EW<€,~W . bar:jmé/oé Wm (W) WWW WW#W®R§I %aw%wan%w ' - W. 02.01 .2007: Shri Vinod Déshmukh and Shri Ms‘ Sunita Jain PL for the resp r in Government School. In the course of his service as Teacher, she has obta ned BEd. certmcate at her own expenses before 1.3.1999 According to learned couneei 'o the petitioner, petitioner is entitled to two advance increments in View of the de ision of this Court in the case of Yashwant umar Bharadwa' Vs. Municial nd another reported in 2006 (2) MPJR — CG 96 wherein i has been held that the teachers having obtained BlEdl, M.Ed., BTI certincate at their own expenses are covered by the circular dated 24.1 2.1998 issued byt e State Government of Madhya Pradesh, Further in the matter'of nd others reorte nch while considering the circular dated t the teachers who have acquired B‘Ed. 10.1964 and 7.51973 shall be entitled to two advance increments, relied on t e decision in the case of ‘Rakesh Kumar Shrivastava Vs. State of Madhya Pradesh and others passed in Original Application No. 16321999 decided o 12.10.1999 wherein it is observed that the circular dated 1.3.1999 cannot be made applicabie retrospectively. Thus, a teacher may be Assistant Teache who has obtained BfEd. degree before 1.3.1999 is entitled to two advanced ncrements. d counsel appearing for the petitioner that it is pointed out by the learn the then state of Madhya Pradesh hd tiled a Special Leave Petition againsr the####. Petitioner is working as Teach . 1 a d Administrative Tribunal, Gwalior B 1.3.1999 wherein it is provided th degree at their own cost between 2 .n.o. Vivek Verma counsel for the petitioner. ondentslstate. K c a XI-HC-78 ('3 WW,WWIE,%W mmw aéa5awg/aéa1 200 Wm (W) 311%a7rm WWW mwmm WW%WW $Wm crders passed by the Tribuna! and Special Leave Petition No. 199912 Therefore, the direction to the effec that the circuiar dated 1.31999 cannot be made applicable retrospectively, pa ed by the Tribunal, becomes final and the same shall be applicable to all th Assistant Teachers, who have obtained B_Ed.lBTl certificates before 13.19 9. lt is further substantiated by a circular dated 17.102003 issued by the pre ent State of Madhya Pradesh wherein the circular clearly states about the deci ion of the Hon'ble Supreme Court. Learned counsel for the p itioner further submits that the facts and question of law involved in the pres nt case of petitioners are squarely covered by the decision of this Court in the ase of Yashwant Kumar Bharadwaj (supra) to which learned counsel appearing or the respondentlstate fairly concedes and agrees with the averments made by Accordingly, the writ petitior Court in the matter of Yashwant Ku fact as to whether the petitioner expenses as per the circular dated 2 she has been paid two advance incri' the Hon’ble Supreme Court dismissed the 00 filed against the order of the tribunait arned counsel appearing for the petitioner. is allowed in terms of the decision of this amr Bharadwaj subject to verification of the. was acquired BEd. certificate at her own 4.12.1998 and 1.3.1999 and further whet r aments or not. No order as to cost P.T.O. /