‘X ..... C/‘Cla’aL' IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .G) WRIT PETITION (S) No7 L9$ /2006 Smt. Geeta Sharma ,I D/o shri. N.K.Sharma age, 37years Presently working as Asst. Teacher In Kanyamata Devalya Primaly school Bhatapara, Disst. Raipur (C.G) PETITIONER . State of Chattisgarh Through —Secreta1y Deptt. Of Education Mantralya D.KIS.bhawan, Raipur.(C.G) . District Education Officer, Raipur,IDistt. Raipur Chattisgarh. I 3. Block Education Officer, Bhatapara, Distt. Raipur Chattisgarh ’ IT PETETION UNDER ARTICLE 226/&Z OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OFMANDAMUS ,CERTIORARI ETC. w XI-HC—78 ? h‘ u’ p {UK 111 ¥ My L‘m‘ I itcgnici 11% 1333?? a“ mam WWW 8Y—DH’IX 34%W mmaiwmm aéTre WW wméaW mamm W§TF5 n25 \ _ ' Kumar Bharadwai Vs. Munici al 2006 (2) MFJR - CG obtained B.Ed4, M.Ed_, $Tl certificate circuiar dated 24.1 2‘1 99% issued by t Further in the m tier of Smt. and others regorteda in 2000 Administrative Tribunai, Gwaiior Be 1.3.1999 wherein it is provided thi degree at their own cost between 2. two advance incrementé, relied on t Shrivastava Vs. Stateiof Madhya Application No. 1682/1999 decided o cir‘cuiar dated 1.3.1999: cannot be teacher may be Assis nt Teacher 1.3.1999 is entitied to tx o advanced i I I i ! k 02.01 .2007: Shri Vinod Deshmukh and Sh Ms. Sunita Jain L for the res Petitioner is working as Teac § his service as Teacher, %she has obt before 1.3. 1 999. r i According to leadned counsei advance increments in View of the de for the petitioner, petitioneriis entitled to two cision of this Court in the cése of Yashwant or oration Dur and an ther reported in 96 wherein ri Vivek Verma counsel forthe petitioner. pondents/State. her in Government School. in the course of ained B.Ed. certificate at h r own expenses it has been held that the teachers having s at their own expenses ar covered by the 1e State Government of Ma hya Pradesh. Manorama Shrivastava . State of MP. '11 MPLSR 138, the M dhya Pradesh, tnch while considering th circular dated it the teachers who have acquired BEd. 3.10.1964 and 7.5.1973 sh ll be entitled to he decision in the case of Rakesh Kumar Pradesh and others pas‘secl in Original n 12.10.1999 wherein it is observed that the made applicable retrospe tively. Thus, a who has obtained BEd degree before ncrements. it is pointed out gby the learn d counsel appearing for t -e petitioner that g ainst the i i i ¥.}."t‘.{i the then state of Madhy:a Pradesh h d filed a fpecial Leave Pe ition a l l i. . XI—HC-78 mmfiw 57 ® WWWK¥Jg§/O@££&Wz00 8 V-DH«1X F WU J {1%v3hrl r J., 915% ’{émaT m%aW JMMWW ‘ orders passed by the +ribunal and Special Leave Petition No. 1999/2 Therefore, the direction to the effeci made appiicable retrospectively, pas same shaii be applicatinie to all th B.Ed./BTI certificates biefore 1.3.19 dated 17.102003 issued by the pre circular cleariy states abiout the decis i 99. it is further substamiat d by a circular sent State of Madhya Pra ‘esh wherein the ion of the Hon‘bie Supreme Court. Learned counse? for the pe question of law involved in the pres by the decision of this (iitourt in the t to which learned counse‘l appearingi agrees with the averments made by learned counsel appearing f r the petitioner. I . Accordingly, th writ petitior Court in the matter of Yiashwant Ku fact as to whether the! petitioner i expenses as per the circular dated 2i she has been paid two advance incre‘ S§P $\5\‘fa (A mfaa‘iatrma‘fs'feé’tis’wiwwm the Hon‘ble Supreme Co rt dismissed the )OO filed against the orde of the tribunal. that the circular dated 1.3.1999 cannot be sed by the Tribunal, beco es final and the e Assistant Teachers, wh? have obtained titioner further submits thdt the facts and ant case of petitioners are Jquarely covered ase of Yashwant Kumar B aradwaj (supra) br the respondentlState fai ly concedes and is aiiowed in terms of th decision of this amr Bharadwaj subject to eritication of the 1as acquired BEd. certifi ate at her own 4.1241998 and 1.3.1999 and fudher whethe ’ merits or not. No order ast costs. vv" eo3“a%e “WNW-TWO. d. :