IN THE HON'BLE HIGH COURT OF CHHAmSGARH AT BILASPUR WRIT PETITION (Sl No.^ ^/2011 PETITIONER •?•''"' 1^.^> ^.k^-v ...^^ .^' ^< ...••"' Ram. Prasad Madhukar S/o Shri Bhoko Raj Madhukar aged about 45 Years, Lecturer, presently working at govt. High School Mukta, Block- Jaijaipur, District Janjgir-Champa (C.G.) VERSUS RESPONDENTS 1. State of Chhattisgarh Through Secretary, Department of Education Mantralaya, D.K.S, Bhawan, Raipur, (C.G.) 2. The District Education Officer, District Janjgir-Champa (C.G.) 3. The Principal Govt. High School Mukta, Block- Jaijaipur, District Janjgir-Champa (C.G.) 4. Joint Director, Treasury.accounts, pension, Bilaspur District-Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PETiTIONER RESPONDENTS HiGH COURT OF CHHATTiSGARH : BiLASPUR WRST PETiTION (S) N0. 221 7 OF 2011 Ram Prasad Madhukar Versus State of Chhamsgarh & Othsrs Arun (Writ Petition under Articie 22S of the Constitution of !ndia~i Single Bench : Ho,"'b!e Shri Satish K. Asnihotri, J. Present:- 3. Shri Ajay Barik, Shri Y.S. Thakur ro CsQner.sl for th®Ststs. L^Ni ¥^"W^SfcT^' ^uf'^1 £^i•telt 3'''rf-i ^i.5^^ •^rf'iiirt&i^a I'l 1/ (Passed on thss 28m day of Aprii, 201 • Heard iearned counse! for the oarties. Learned counsel appearing for the petitioner submits that the Detitioner 1s entitied to benefit of two advance (ncrements on account of the fact that he has passed B.Ed. examination sn the year 1SS1, before his appointment as teacher on 30-6-1993 (Annexure P/2). it is submitted that ihe issue involved in the present petition is no Songer res jntegra, as the same has been finally decided by the Supreme Court in Asha Ssxena v. State ofM.P. & Ora.'. it is further submittsd that this Court has also taken a simiiar view in its order dated 6-2-2009 passed in W.P. (S) No.6257 of 2008. Learned counsei further submits that the order dated 29-4-2010 passed in WA.No.124 of 2009, wherein reiying upon the jucigment of fhe Suoreme Court in Ashia Saxena (suora'i and the order oassed by Shis Court in another W.A.No.87 of 2009, dsrections have been issued for consideration of the case for grant of two advance increments as per the circulas- dated 21-9-1974 issued by the State of Madhya Pradesh. after verification of the facts pieaded in the petition. Learned counsel appearing for the State submits that the case ofthe Detitioner wouid aiso be considered on the same iines. In view of the above, the petition is disposed of with a direction to the resoondent authorities to decide the clasm of the petltioner for arant of two advance increments, as per the circular dated 21-9-1974, issued bv the State of Madhva Pradesh after verification of the facts pleaded in the petition wlthin a period of 8 weeks from today. Sd/- Satish K. Agnihotri Judge 1 —— ' 2009 (11!) MPJR (SC) 59