^ 'h ?iV ^ B ^^^iiff^ S iaENIs1!' v COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0.67; 7 /2006 PETITIONER RESPONDENTS ..0<to ^c^ ^ ^ \^^ ^ \0 r' Dinesh Kumar Nag S/o Shri Debilal Nag Age about 35 years, Asstt. Teacher, Govt. Primary School, Malanjkudum, Distt. - Kanker (C.G.) VERSUS 1. State Govt. of Chhattisgarh Through: Secretary, School Education Department Ministry, D.K.S. Bhavan, Raipur (C.G.) 2. DisSrict Education Officer Kanker(C.G.) -3. BSock Education Officer Kanker (C.G.) o^ WRIT PETITION UNDER ARTICLE 226A^OFTHE CONSTITUTION OF INDIA XI-HC-78 *11H^II sh*llth 'ssf "t|iqic-t<<, ®Tntris,Riciwy ^-h'.'.ft-^..k?/.?.. ^: 2QQ C, 3ii^?r iraq? (({gfga^r) 3TI^TqiTf?:IW tPITSIRWst'llf ?T<IWiHf^T3n^?T 07.12,2006 Shri Somkant Verma oounset fok Shri Somesh Bajaj GA for the the petitioner. r^spondent/State. Petitioner is working as Teachef his servioe as Teacher, he has before 1.3.1999. in a Government School. In the course of ofcitairjed B.T.I. certificate at his own expenses According to learned counsel fo| advance inorements in view ofthe decif Kumar Bharadwaj Vs. Municipal 2006 (2) BflPJR - CG 96 wherein it obtained B.Ed., M.Ed., BTI certificates ciroular dated 24.12.1998 issued by th^ Further in the matter of Smt. and others reported in 2000 (1] Administrative Tribunal, Gwalior Ben^n 1.3.1999 wherein it is provided that degree at their own cost between 23.' two advance increments, relied on th^ Shrivastava Vs. State of Madhya Application No. 1632/1999 deoided on circular dated 1.3.1999 cannot be teacher may be Assistant Teacher, 1.3.1999 is entitted to two advanced indre It is pointed out by the learned| the then state of Madhya Pradesh had| orders passed by the Tribunal and th( »hi<<Fci41-i iiracff fffs^S <Ki<^ii, ^i a.rf^lT SII^T the petitioner, petitioner is entitled to two >ion ofthis Court in the case ofYashwant cortiwation, Durg and another reported in fias been hetd that the teachers having |at tMfeir own expenses are covered by the State Government of Madhya Pradesh. Manorama Shrivastava Vs. State of M.P. MPLSR 136, the Madhya Pradesh white considering the circular dated ]the teachere who have acquired B.Ed. 10.1964 and 7.5.1973 shall be entitled to decision in the case of Rakesh Kumar Fjradesh and othere passed in Original 112.10.1999 wherein it is observed that the applicable retrospectively. Thus, a '|vho has obtained B.Ed. degree before indrements. counsel appearing for the petitioner that |filed a Speoial Leave Petition against the 1^ Hon'ble Supreme Court dismissed the P.T.O. XI-HC-78 *ll*l<tT!a»<fT^ 731 'i'IWM^, »iS\W'l«,[^WVy. 1.^-.<;'SJ.A.:?./3. »»^»ll»*~* <-»'»* *~» »'** t *•'• t. WT 208 & 3TT^?TT3^ (qgfgg^sr) 3fT^rqirR-fi«b (raT3n^Tstii ^\ BTBIW BfeT Sn^T Speoial Leave Petition No. 1999/20Q Therefore, the direction to the effect made applteable retrospeotively, passf same shall be applioable to all the| B.Ed./BTI certificates before 1.3.199$ dated 17.10.2003 issued by the presf circular clearly states about the decisic} Learned oounsel for the pett question of law involved in the presenl the decision of this Court in the case which learned counsel appearing for agrees with the averments made by le Accordingly, the writ petition Court in the matter of Yashwant Kuaitnr fact as to whether the petitioner h^s expenses as per the circular dated 24| he has been paid two advanoe increm( Wlfa^ WT?ff tf fWI-rfSRZTC ^iSrf^fTSn^T 10 filed against the order of the tribunal. hat the circular dated 1.3.1999 cannot be sd by the Tribunal, be^mes final and the Assistant Teachers, who have obtained p. It is further substantiated by a oircular ^nt State of Madhya Pradesh wherein the \n of the Hon'ble Supreme Court. lioner further submits that the facts and case of petitioner are squarely covered by ,of Yashwant Kumar Bharadwaj (supra) to |the respondent/State fairly ooncedes'and ^rned counsel appearing for the petitioner. s atlowed in tenns of the decision of this Bharadwaj subject to verification of the acquired B.Ed. certifioate at his own 12.1998 and 1.3.1999 and further whether snts or not. No order Sd/- Dhirendra Mishra Judge P.T.O.