\^o^.-l^l--?f7^^r(^M =-^K^- c^ INTHEHON'Bt-EHIGHCOURT QFCHHATTISHGARHAT BILASPUR (C.G) W.P. (S) No. ^l3 200g Petitioner •/• Smt. Sunita Dutta aged 46years, Wifeof Shri C.P. Dutta, AssistantTeacher, GovemmentPrimarySehoQl.Basantpyr, Rajnandgaon, Tahsil&Distt.Riajnandgaon. Versus , . ' -T*w: s+a-hc ca^ e' ^, T l,,,ov •''Respondent,?. ..' 1. TheSecretary, < SehoolEducation, D.K.S.Bhavan, RaipurC.G.) »^v' .^"Pftncipal, - ^wl^-^/^°S!k Govt^lVtultipurpose SeMool, ^Pv'^i^^!?v" RajnandgaorT. ^-^f^ & ^° 3. Joint Director,Treasury/Aecoynts/Pension, Raipur Division, Raipur (G.G.) WRITPETITIONUNDERARTICLE2260FTHE CONSTITUTlONOFINDIAFORiSSUANCEOFWRIT MIANDAMUS ,; titl^**;^ 11; »-h-1'— Jf.- HIGH COURT OF CHHATTISGARH AT BILASPUR PETmONER RESFONDENTS WRIT PETmON (S) No. 2515 of2008 Smt. Sunita Dutta. \^RSUS The State ofChhattisgarh & Others. WRTT PETmON UNDER ARTICLE 226 OF THE CONSTrTUTION QFINDIA SB: Hon'ble Shri Satish K. Asmhotn, J. Present: Shri Ajay Shrivastava, Advoeate fbrthe petitioner. Shri P.K.Bhaduri, Panel Lawyer forthe State/respondents. ORALORDER (Passed on 12"' day of March, 2010) With the consent ofleamed counsel appearing for the parties, the matter is heard finally. 1. By this petition, the petitioner seeks a direction t6 the respondents to pay two advance increments to her husband from the date ofpassing ofB.Ed exammation, on his own expenses, during his service period. 2. Shri Shrivastava, leamed counsel appearing for the petitioner submits that the issue involved inthe present case is no longer res integra asthe same has been considered and decided bythe Supreme Court mAshaSdxena v. State 'ofM.P. & Ors. as well as by this Court in the matter of 'Yashwant Kumar Bharadwaj v. Municipal Corporation, Durg & another^ and Gopesh KwnarVerma v. The State Govt. ofChhattisgarh andanother^. 3. Shri Shrivastava farther submits that the instant petition is squarely covered by the decision as aforestated. Thus, the petitioner may be parmitted to make a representation to the respondent authorities to decide ^w. '2009(III)MPJR(SC)59 22006(II)MPJR-CGg6 •IWP(S)No.4130of20Q5 -.,.^/ the case of her husband for grant of two increments in the light of aforestated decision, subject to verification ofthe fact astowhether the husband of the petitioner has acquired B.Ed certificate on his own expenses duringthe course ofhis service. 4. Leamed counsel appearmg for the State/respondents subnuts that in the event, the petitioner makes a representation, the same will be considered and decided, in accordance with law and in thei light ofthe decisions of the Supreme Court in Asha Saxena (supra) as well as this Court in Yashwant Kumar Bharad-waj and Gopesh Kumar Verma (supra), wifhin a period offour weeks from the date ofreceipt ofthe representotion. 5. In view offoregoing, according to the leamed eounsel appearing for the petitioners, nothing survives in thispetition for adjudication. 6. Accordmgly, the writ petition is disposed of. <S) Sd/- :. _ s^^^0ffl ^3' Judge ^-