^ ^ ;~>.^..'. >s A'': .;;'. •'"'" ^li'iyaLC l3;£s^; IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.(St No. (^ 82,5 / 2006 PETITIONER ^<'^' ^^y^ ....^"^'^ """^•:;.'^^-^" 'y^s-^^ Mahettar Singh Rathore, S/o. Shri Kalyan Singh Rathore, Aged about 42 years, Assistant Teacher, Govt. Boys Hr.S. School - Jashpur Nagar, Distt. Jashpur, (C.G.) VERSUS RESPONDENTS .0'.0 >s. ^ ^^A^^ / \1.?v: \'<^ A^°' "\0 ^" State of Chhattisgarh & Others Through- The Secretary, Tribal Welfare Department, D.KS. Bhawan, Raipur (C.G.) Commissioner Tribal Welfare, W4 Assistant Commissioner, Tribal Welfare, Distt.-Jashpur (C.G.) WRIT PETITION UNDER ARTICLE 226/^^ OF_ CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRITS. DiRECTiON ETC TO DO JUSTICE IN THE MATTER. XI-HC-78 ^S{ -^ww^, w!\ww, Kiv}wy, ?.f^?; f^o' *<iH<ti sh*rrqi W3; 200 3n^?Tira^ ('^3^ET) SII^TwR-fi* (CT'sn^Tstitiro s^<nw srfN'sn^r <t>i<<[ii<flf i]iciTffte<^t<Ritrii< ^sri^Tsn^r 11.12.200e Shri Anit Singh Rajput, couns^i for the p^itioner. Shri Ajay Dwivedi, Panel Lawyjer fbr frie respondents/State. The petitioner is working a|s Assistant Teacher in Govemment School. In the couree of hfs service a|s Assistant Teacher, the petitloner has obtained B.Ed. certificate at his own ^xpenses before 1.3.1999. According to learned counsel for the petitioner, petitioner is entltted to two advance increments in view of tfte decision of this Court in the case of Yashwant Kunar Bharadvial Vs.l Municinal corooratlon. Dura and another reoorted in 2006 (2) MPJR - CG 96. This Court in the case of Yashwant Kumar Bharadwaj Vs. MLtiicipal Corporation, Duig and another (supra), came to the conclusion tljiat the teachere, who had obtained B.Ed./B.T.I. Examinatjm Certlficate c|n their own expenses, are covered by the circuiar dated 24.12.1998 issued Pradesh. Further in the matter of Smt. Administratwe Tribunal, Gwalior Ben by the State Government of Madhya Manoiama Shrivastava Vs. State of M.P. and others reoorted in 2000 tli MPLSR 136. the Madhya Pradesh sh while coraidertng the circutar dated 1.3.1999 wherein it is provkjed th^t the Assistant Teachere whb have acquired B.Ed. degree at their own ^ost behireen 23.10.1964 and 7.5.1973 shall be entitled to two advance inct'ements, relied on the decision in the case of Rakesh Kumar Shriv^tav|i Vs. State of Madhya Pradesh and othere passed in Original Appfication has obtained B.Ed. degree before increments. No. 1632/1M9 decUed on 12.10.19^ wherein it is observed that the cirdular dated 1.3.1999 cannot be made applicable retrospectively. Thus, a tejacher may be Assistant Teacher, who .3.1999 is entitted to two advanced P.T.O. XI-HC-78 3?TS(FIT?W, dTflwlii, Rlcliuy .(LSJi'.'Hfi- i'Sa3/C>(s, w't *11*1MI ai<TI<»i W3; 200 Sii^i'i 4a«»(lyit^oiyT) 3TI^5TW R-li* ?raT3n^rs»»i waTWBfersn^i riblunai It is pointed out by the leamecf that the then State of Madhya Prade^h against the orders passed by the Trib|uni dismissed the Special Leave Petition )' of the tribunai. Therefbre, the directiot 1.3.1999 cannot be made appticable r^i becomes final and the same shalll Teachere, who have obtained B.Ed./BTI further substantiated by a circular dat^d State of Madhya Pradesh wheretn decision of the Hm'ble Supreme Court| Learned counsel for the petitio|- queslion of law involved in the pre^ covered by the decision of this Coi^ Bharadwaj (supra) to which lea) respondent/State fairiy concedes and | leamed counsel appearing for the petitf Accordingty, the writ petition i^ this Court in the matter ofYashwant Kl of the fact as to whether the petit!one|' own expenses as per the clrcular dataj whether he has been paid two advan(» costs. counsel appearing for the petitioner had fllecf a Special Leave Petition and the Hon'ble Supreme Court ^o. 1999/2000 fited against the wder h to the effect that the cireular dated (trospectively, passed fcytheTribunal, be applicabte to atl the Assistent certiflcates before 1.3.19%. It is 17.10.2003 issued by the present t(ie cireular cleariy states about the •tii''iFcf'i|1-f i<iti<-i1'fftecA<Rt<Ai< ^sri^rsn^r ife ler further suianlts that the fiaots and ^ent case of petitioner are squarely Irt in the case of Yashw®ntKumar ^ned counsel appearir^ for the lagrees with the wemnente made by oner. altowed in terms of the deolsion of ^iamr Bharadwaj subjeot to verification \ has acquired B.Ed. certificate at his 124.12.1998 and 1.3.1999 and lurther increments or not. No order as to Sd/- Dhirendra Mishra Judge P.T.O.