^f"- ^!" ? lj ? fcl ^'•Jf^^^^ Rpasr-i ^- S~£S?j C f- 1 -yo /. IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(S). N0.[3t7 /2007 PETITIONER ^^^- ^s^ ...-"%!-7^ ...-••'^;:5^-'" ^^/^ ^-"-~s-^ SJta Ram Patel Age about 40year, Lower Division Teacher ^" S/o Shri Daras Ram Patel Trible Primary School Limdih, Tahsil-Kartala Block. -Kartala, Distt. - Korba (C.G.) VERSUS 1. State Govt. of Chhattisgarh Through Secretary, Educational STribal Department D.K.S. Bhawan, Distt.-Raipur(C.G.) 2. Astt.CommissionerTribal Korba, District-Korba (C.G.) 3. District Education Officer Korba, District-Korba (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION O^INDIA HE6H COURT OF CWATTLSGAW AT BILAS'UR W, P,(S) No^l347of_2007 (2P Petitioner Sita Ram Pate! Versus State 6ovt. of Chhattisgcu'h & others Sirgle Beneh; Hon'ble Mr. Justice Satish K. Agnihotri. Mr. Ajay Sirivastava, Advocate for -the petitioner. ffir. Sjshii Dubey, ©overnmentAdvocate for tiie StaTe/respondents. ORbER yossed on 8th day of teorch, 2007) 1. The petitioner is working as Lower Division Teacher in the government schoo!. In the course of his services as Lower CSivision Teacher, the petitioner has obtained D.Ed. Examination Certificates in the year 1998-99, his own expenses. 2. Learned counsel cppearing for Ihe petitioner submits that tiie question involved, herein asto trfiether the teachers, who obtained D.Ed. Examination Certificutes on their own expenses, is entitled to two advance increments. 3. According to learned counsei for the petitioner, the petitioner is entitted to two advance increments in view of the decision of this Court in the case of Yashwant Kumar Bharadwai Vs. Munieipal Corporotion. Durg and another {2006 (EC) MPJR-C6 96}. TTiis Court in the case of yashwant fafflar Bharadwaj Vs. Municipal Corporotion, Durg txnd nnother (&pro), came to the conclusion that 1+ie teachers, who had obtained B. Ed. /B.T.I. QD Examination Certificate on tfieir own e^enses, are covered by the circular dated 24.12.98 issued by the State Sovernment of a 4. In subsequent cases, i.e., Writ Petition (5.) No.4130 of 2005 {^pesh Kumar Ve/wa vs. The Stats Swf. of Chhaft-isgarh and asmrtier^ and other connected matters, decided by this Court on 15-12-2006, pursuant to the memo dated 28-1-1995, issued by the Secretary, Board of Secondary Education, Bhopa! wid the prospectus of Diploma in Education Examination, it vws clarified that the nomenclature of the Basic Training Institute, i.e., 8.T.I. has been changed and renamed as Diploma in Education, i.e., D.Ed. Accordingly, +he D.Ed. Certificate holders are aiso covered by the decision in Writ Petition (5.) No.4130 of 2005 {Sapesh Kwnar Venna vs. The State Sovt. of >). 5. Learned counse! for the petitioner further submits that the facts and question of law invoived in +he present ca^ is squarely covered by decision of this Court in 1+ie c<ise of Yashwant famar Bharadwaj Vs. Municipal Corporation. Dui^ and another (Supra), to which learned counse! appearing for the respondents fairly concedes and agrees with the averment made by iearned counsel appearing for the petitioners. 6. Accordingly, the writ petition is al!ow«d in terms of the order passed in the case of yashwant Kumar Bharadwaj Vs. Municipal Coryoration. Durg and another (Supra), subject to yerification of -the fact as to whether the petitioner has acquired O. Ed. Examination Certificates on their own expenses as per the circutar-s dated 24.12.1998 & 1.3.1999 ond furi+ier whether they have been paid two advance increments or not. No order as to costs. Sd/- Satish K. Agnihotri Judge Siib.hash