IN THE HIGH’COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 5 é q-OF 2004;- PETITIONERS Ravindra Kumar Baghel S/o Shrl a l e ars t S t c B E Primary School Haparipara, Vikas Khand Keshkal, Tah. & Dis. Bastar (C.G.) Dansay Mandavi, S/o Shri Dam ”aw Mandavi, aged about 40 ars, A ri i Kam; Baghe Agd about 44 ye Occupalon erv1ce Ass Teaher ( d), posted at ye Occupation-Service,sst. Teacher (B.Ed), posted at Pmary School Aanwar, Vikash Khand Keshkal, Distt. Bastar (C.G.) Kshna Kumar Nag, S/ Sh1 Nokam Aged about 40 year Occupalon Serv1c upper 1V1s1on Teacr (B.Ed) posted at Govt. Higher Secondary School Vishrampuri Vash Khand Vishrampuri, Distt. Bastar,(C.G.) akesh umar Vishwakarma, S/o. - P- shwakarma, Aged about 41 year, Ocation— Service,Upper Division Teacher (B.d), Govt. Boys igher Secondary School Keshkal, Vikash Khan Keshkal, Distt. Bastar, (C.G.). 5. Smt. ushila Markam, W/o.M-R. Markam, aged 38 about years, Occupation Service, Asst. Teacher (D.Ed.), posted at Primary School Patoda Vikash Khand Farsagaon Distt Bastar (CG) 6. Chandrahas ’Thak'ur, S/o. ‘Shri b-g, Thakur' aged about 36 year, Occupation-Service, Asst; Teacher(D.Ed), posted at 5%,, t5 tt n o r s t e D he ik R K S Vi cup E H d S Primary School Pavaras, (Pipravahigaon) Vikash Khand, Keshkal, Distt. Bastar, (C.G.) 7. Smt. Sumitra Vatti, W/c. Shri R‘K" Vatti aged about 37 years, Occupation Service, Asst. Teacher >(D.Ed), posted at Primary Girls Ashram Keshkal, Vikas Khand Keshkal, Distt. Bastar, (C.G.) 8. Pukhraj Pathak, S/o Champa Lal Pathak, aged about 43 years, R/o Village—Singanpur, Occupation- Asstt.teacher posted at Middle \ 1.: Vikas School, Khaxld Singanpur, Keshkal, Keshkal, Distt. Bastar, (C.G.) VERSUS : l. STATE OF CHHATTISGARH, / Trough the Secretgy Department of School Education, Mantralay, D.K.S. Building: Raipur, gC.G. 1. Public Instructions, Chhattisgarh, Raipur, Tahsil and District Raipur (C.G.) The Assistant Commissioner, Aadim Jati Kalyan, and Vibhag, Jagdalpur, Distt.Bastar, (C.G.) 2. The Director, , lg 4. The District Education Offlcer, Bastar, Tahsil & Distt.- Bastar, WRIT PETITON U/A 226/227 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. No. 567 of2005 Ravindra Kumar Baghc] and others Vcrsus Petitioners Réspondents : State of Chhattisgarh 8r. others Single Bench: Hon’ble Mr. Justice Satish K. Agnihotri. Shri Sunil Sahu Advocate for the Petmoners Smt AnJu Ahuja Deputy Government Advocate for the State] respondents Present: ORDER (2“ November, 2006) The petitioner No. 1 Ravindra Kumar Baghel, petitioner No. 2 Dansay Mandavi, petitioner No. 3 Krishna Kumar Nag, petitioner No. 4 Rakesh Kumar Vishwakanna and petitioner No. 8 Pukhmj Pathak are working as Assistant Teachers/Upper Division Teachers in the government schools. In the course of their services as Assistant Teachers/Upper Division Teachers, they have obtained B, Ed. examinan'on certihcates on their own expenses before 1.3.1999. According to learned counsel for the petitioners, the petitioners are entitled to two advance increments in View of the decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipa; Corporation‘ Durg and another {2006 (II) MPJR-CG 96}. This Court in the case of Yashwant Knmar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed./B.’I‘.1. Examination Certincate on their own expenses are covered by the Circular dated 24 12 98 Issued by the State Government of Madhya Pradesh Further in the matter of Smt. Manorama Shrivastava Vs. State of M.P. and others { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Administrative ’I‘rihunal, Gwalior Bench, While considering the circular dated'1.3.1999 wherein, it is provided that the Assistant Teachers, who have acquired B. Ed. degree at their own cost between 23 10 1964 and 7 5 1973 shall be entitled to two ~ advance increments relied on decrslon 1n the case of Rakesh _ xi ."\ x“, '\ Kumar Shrivastava Vs. State of M.P. 8r. others passed in O.A. No. 1632/99, decided on 12.10.1999 wherein it is observed that the circular dated 1.3. 1999 cannot be made applicable retrospectively. Thus, a teacher, may be Assisfant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entitled to two advance increments. It is pointed out by learned counsel appearing for the petitioners that the then State of Madhya Pradesh had med a Special Leave Petition against the orders passed by the Tn'bunal and the Hon’ble Supreme Court dismissed Special Leave Petition No. 1999/2000 Sled against the order of the Tlibunal. Therefore, the direction to the eEect that the cimular dated 1.3. 1999 cannot be made applicable Ietmspectively, passed by the Tribunal, becomes final and the same shall be applicable to all the Assistant Teachers Who have obtained B. Ed. examination certihcate befoxe 1.3. 1999. It is further substantiated by a circular dated 17.10.2003 issued by the plesent State of Madhya Pradesh wherein the circular clearly states about the decision of the Supreme Court. Learned counsel for the petitioners further submits that the facts and question of law involved in the present case are squarely covered by decision of this Court in the case of Yashwant Knmar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), to which learned counsel appearing for the respondents fairly concedes and agrees with the averment made by learned counsel appearing for the petitioners. Accordingly, this writ petition, in regard to the petitioner No. 1 to 4 and 8, is allowed in terms of the order passed in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), subject to verification of the fact as to Whether the petitioners have acquired B. Ed. Examination Certincate on their own expenses as per the circulars dated 24.12.1998 and 1.3.1999 and further whether they have been paid two advance increments or not. No' order as to costs. Sd/- " Satish K. Agnihotri. Judge Them .v‘ ‘