^ ^\-vro'}^— IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0/888/2006 (2) PETITIONER ,\^,.. ^y ,--%3(^p'' ^'.^' ..>" ^'^' ..•••' f^. <••" '<^-/ P^SPONDENTS <-••. J '' «t» ^^^ 's^"" •^ ^. .Shatruhan LalVerma S/o Late Shri Darash RamVerma Age about51 years, Asstt.Teacher, Govt. PrimarySchool, Khaparidih, Block - Tilda, Distt. - Raipur (C.G.) VERSUS State Govt. of Chhattisgarh Through: Secretary, School Education Department Ministry, D.K.S. Bhavan, Raipur (C.G.) District Education Officer Raipur(C.G.) Block Education Officer Tilda, Raipur (C.G.) »- WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIQN OF INDIA HI6H COUftT OF CHI-1/tTTrS^RH -tT BILACT'UR W. P. (5) No. 6888 of 2006 Petitioner ; Siatruhan Lal Verma Versus Respondents: State 6ovt. of Chhattisgarh & others W. P. (5) No. 6890 of 2006 Petitioner ; Aditya Khare Versus fteqaondents; State 6ovt. of Chhattisgarh <& another W. P. (5) No. 6906 of 2006 Petitioner : Monharan Kumar Verma Versus Reqiondents; State 6ovt. of Chhattisgarh & others And W. P.rS)No. 6907 of 2006 Petitioner ; Pushpfa'ha TTiakur Versus Respondents: State 6oyt. of Chhattisgar+i <S others .^ Single Bench; Hon'ble Mr. Justice Satish K. Agnihotri. Present: 5hri Ajay Sirivostava, Advocate for the Petitioner(3). 5mt. Anju Ahuja, Cteputy 6ovt. Advocate with Ms. Sjnita Jain, Panel Lawyer for the State/respondents. OR D E R )th yasssd on 13" day of Ctecember. 2006) 1. The petitioners are working as Assistant TeachersAscturers in the governwent schools. In the course of their services as Assistant Teachers/Lecturers, the petitioners have obtained B.Ed./B.T.I. examination certificates on their own expenses before 1.3.1999. \ 2. Writ Petition (5) No.s 6888/2006, 6890/2006, 6906/2006 and 6907/2006 are bemg di^)osed of by this common order as the facts and question of taw invotved in •tiiese petitions are common. 3. According to learned counsel for the petitioners, the petitioners are entitled to two odvance increments in view of the decision of this Court in the case of Yashwcint Kumar Bharadwaj Vs. Municipal Corporation, Durg and another {2006 CEI) MPJR-C6 96}. This Court in •rfie case of Yashwant Kumar Bharadwaj Vs. Municipat Corporation, Ourg ond onother (Sjpra), came to the conclusion that the teachers, who had obtained B. Ed./B.T.I. Examination Certificate on their owi expenses, ar®covered by the circutar dated 24.12.98 (Annexure P/7) issued by the State (Sovernmenl' of Madhya Pradesh. 4. farrtier in the matter of Smt. ManoFama Shrivastaya Vs. State of M.P. and others { 2000 (1) M.P.L5.R. 136 } the Madhya Pradesh State Administrative Tribunal, Swatior Bench, while considering the circular dated 1.3.1999 wherein, it is provided that the Assistanl Teachers, »Ao have acquired B. Ed. degree at their own cost be-tvwen 23.10.1964 <md 7.5.1973 shall be entitled to two advance increments. relied on decision in the case of Rakesh Kumar Shrivastwa Vs. S+ate of M.P. & others possed in O.A. No. 1632/99. clecided on 12.10.1999 »riierein it is observed that the circular dated 1.3.1999 cannot be made appticable retrospectively. Thus, a teacher, may be Assistant Teacher. who has obtained B. Ed. degree before 1.3.1999 is entitled to two advance increments. 5. It is pointed out by learned counsel appearin9 for the petitioners that the then State of Madhya Pradesh had filed a Special Leave Petition against the orders passed by -the Tribunal and +he Hon'ble Supreme Court dismissed ^ecia! Leave Petition No. l999/2(X30 fjled against the order of +he Tribunaf. Ther-efore, the direction to Ihe 6. effect that the circular dated 1.3.1999 connot be made applicable retrospectively, passed by the Tribunal, becomes final and the same shatl be applicable to all the Assistant Teachers w4io have ob'hained B. Ed./B.T.I. examination esrtificoite before 1.3.1999. It is further substantidted by a circular dated 17.10.2003 issued by the pre^nt State of Madhya Pradesh wherein the circular cleorly 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 famar Bharadwaj Vs. Municipul Corporation, Durg tmd another (5upra), to which learned counsel appearing for the respondents fairly concedes and agrees with the averment made by learned counsel appearing for the petitioners. 8. Accordingly, the writ petitions are aflowed in terms of the order poesed in the case of Yashwant Kumar Bhoradwaj Vs. Municipal Corporation, Durg and another (Sjpra), subject to verification of the fact as to urfiether the pe+itioners have acquired B. Ed./B.T.I. Examination Certificate 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 <ss to costs. A copy of this order be placed on record in connected matters. Sd/- Satish K.Agnihotri Judge