>1 ^ [^ • y" CT& In the Honble Hish Court of Chhattishgarh at Bilaspur (C.G.) W.P.(S) No. 612-0 2006 Petitioner Respondent... ... 1. DwarikaPrasadDewanganAged41 years ^ S/0 ShriRamPratap Assistant Teacher, / Govt. High School, Tirga Tahsil & District, Durg (C.G.) VERSUS TheState Govemment of Chhattishgarh, Through the Secretary, Education Department D.K.S. Bhavan, Raipur (C.G.) 2. The Block Education Officer,/ Durg (C.G) Writ petition under articles 226/227 of the Constitution of India for issyance of writ m the nature of MANDAMUS, Certiorari, Prbhibitipn and other syitable WRIT or writs, Order or orders, Direction or directions. The petitioner, above named, fumishes the particulars of the writ petition as under :- asf. HIGH COURT OF CHHATTISGARH AT BILASPUR Ptetitioner Respondents Pfetitioner Respondents Petitioner Rcspondcats Petitioncr Respondents Petitioner Respondents Petitioner Respondents Petitioaer Respondents W, P. (s1 No. 6105 of •2006 Prein Sukh Sahxi Versus State Govt. ofChhattisgarh & aaothcr W. P. (s1 No. 6106 of 2006 Rohit Kumar Chandrakar Vensus State Govt. ofChhattisgarh & others W. P. (s1 No. 6107 of%)06 Suat. DiptiTiwan Vcrsus State Govt. ofClihattisgarb & ofhers W. P. (s) No. 6109 of2006 Ramesh Kumar Hirwaiu Versus State Govt. ofChhattisgarh & otliers W. P. (s) No. 6110 of2006 Sanjay Kuinar Singh Vcrsus State Govt. of Clihattisgarh & ofhers W. P. fs) No.6119of2006 Babulal Deshinukh Vcrsus State Govt. ofChhattisgarh & others And W, P. fsl No. 6120 of 2006 Vcrsus Dwarika Prasad Dewangan i State Govt. ot'Chhattisgarh & ofhers Stag^e Bench: Hon'bte Mr. Justice Satlsh K. Agaihotri. Shri Ajay Shrivastava, Advocate for thc Pctitioncrs. Smt Anju Ahuja, Dy. Govt Advocate for fhe State/rcspondents. 2!?. O R D E R (8& Novcmhcr, 2006) The petitioners are working as Assistant Teachers/Lecturers in fhe govenunent schools. In fhe course of fheir semces as Assistant Teachers/Lecturcrs, they have obtained B.Ed./B.T.I. exanMnation certiScates on their own expenses before 1.3.1999. Writ Petition (s) No.s 6105/2006, 6106/2006, 6107/2006,- 6109/2006, 6110/2006, 6119/2006 and 6120/2006 are being disposed-ofby tiiis coniinon orderas fhe facts and question oflaw iavolved ia these petitkins are coiDjnon. Accorduig to leEUiied counsel for tfae petitioners, the petitioners are entitted to two advance uicreinents in view of the deoision of this Court ia the case of Yashwant Kuinar Bharadwai Vs, Mumcipal CorDoratfon, Durp and anofher $2006 (IT) MPJR-CG 96}. This Coiirt in the case of Yashwant Kiunar Bharadwaj Vs. Municipal Coiporation, Duig and anofher (Supra), caine to fhe conchision that the teachers, who had obtained B. Ed. /B.T.I. Exacamation Certificate on their own expenses, are covered by the circular dated 24.12.98 (Annexure P/l) issued by fhe State Govemment of Madhva Pradesh. Furtfaer in the inatter of Sint. Maaorama Shrivastava Vs. State of M.P. and ofhere { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Administrative TnTsunal, Gwalior Bench, whHe conaKlering the cireular dated 1.3.1999 wlierein, it is piovided that fhe Assistant Teachers, who have acquired B.Ed. degree at their own cost between 23,10.1964 and 7.5.1973 shaU beentitled to Iwo advaace increinents, reUed on decision in fhe case of Rakesh Kumflr Shrivastava Vs. State of M.P. & ofhers passed in O.A.No. 1632/99, decided on 12.10.1999 whereinitis observed that fhe cirGular dated 1.3.1999 cannotbe inadc appUcable retrospectively. Thus, a teacher, may be Assistant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitled to two advance increments. t 6. It is pomted out by leamed counsel appearing for the petitioners that fhe then State of Madhya Pradesh had filed a Special Leave Petition against fhe ordcrs passed by fhe Tribunal and fhe Hon'ble Supreine Coiurt dismissed Special Leave Petition No. 1999/2000 ffled against the order of the Tribunal. Therefore, the drrcction to the effect that fhe circular dated 1.3.1999 cannot be made applicable retrospectively, passed by the Tribunal, becomes final and thc same shatl be applicablc to aU the Assistant Teachera who have obtained B.Ed./B.T.T. Exainination Certificates befbre l.3.1999. It is fiirther substantiated by a ciwular dated 17.10.2003 issued by the present State of Madhya Pradesh wherein the circular clearly states about the decision of the Supreme Court. Leamed counsel for the petitioners furfher submits that the facts and question of law involved in the present case are squarety covered by decision ofthis Court in the case of Yashwant Kuinar Bharadwaj Vs. Municipal Corporation, Durg and anofher (Supra), to whfch leamed counsel appearing for fhe respondents fairly concedes and agrees with the averment made by leamed counsel appearing for the petifiouere. Accordingly, these writ petitions are aUowed intenna ofthe order passed in fhe case of Yashwant Kuiaar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), subject to verification of fhe fact as to whefher the petitioners have acquired B.Ed./B.T.I. ExEunination Certificates on fheir own expenses as per fhe circulars dated 24.12.1998 and l.3.1999 and furfher whefher they have beeu paid two advance increments or not. No oider as to costs, 8. A copy ofthis order be placed on record ofconnected matters. Bablu Sd/- Satish K. Agnihotri Judge