c ,^\°° (p IN THE HIGH COURT OF CHHATnSGAMIATBILASPUR WRIT PETITION ( S ) N0. ^^ OF 200@°:^ PETITIONER ^ R.L.Koshale S/o. Shri Mangy Ram Koshale aged about 41 years, Occupation -~ Service, Posted as Upper Division teacher R/o* Govt. Boys H.S.School Jashpur Nagar Distt.- Jashpur ( C.G.) ......^^•'s'a^- tS^^^:i"' yi-es" ^8^' RESPONDENTS . 1 n^. ,-^'^ VERSUS The State of Chhattisgarh, Through the Secretary Department of School Education, D.K.S. Building, Raipur (C.G.) ^ '& c^ ^^>- '„;:•, ~v^- 'p-^t c9^ 1< ^^5. The Assistant Commissioner, Tribal Development Jashpur Distt.- <^hpur (C.G.) 3. District Education officer, Jashpuf Distt.- Jashpur (C.G.) ^ 4. The Director of public Instruction pension Bada Raipur, Distt.- Raipur WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA .•.-<: 2. HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (S) No. 65 of 2007 Petitioner : R. L. Koshale Versus Respondents : The State of Chhatdsgarh & ofhers Sin^le Bcnch: Hon1t>le Mr. Justice Satish K. AffaUiotri. Shri Parag Kotecha, Advocate for fhe Petitioner. Shri Arvind Dubey, Panel lawyer for fhe State/respondente. ORDER ( Passwd on this 15th day of.Janiiaiy, 2007) The petitioaer is workmg as Upp^r Drvroion Teacher in fhe Govemment Boys Higher Secondaxy School, Jashpur Nagar. During the couree of employment the petitioner obtaiaed permission to appear m B. Ed. Examiaation and he obtauied ffae certi&cate iu fhe year 1995, which he has acquired on his own expenses, Accordmg to leanied counsel for fhe petitioner, fhe petitioner is entitled to two advance mcremente m view of the decision of this Court m fhe case of Yashwant Kumar Bhwadw^l Vs. Municipal Corporation, Durg and another {2006 (II) MPJR-CG 96}. This Court ia fhe case of Yashwaat Kumar Bharadw^ Vs. Municipal Corporation, Durg aad aaofher (Supra)^ came to the coiiclusion that fhe teachers^ who had obtained B. Ed. /B.T.I. Exaoimation Certfficate on their own expenses, are covered by fhe circular dated 24.12.98 (Annexure P/7) issued by fhe State Govemment of Madhya Pradesh. [.^y' 5. Furfher m the matter of Smt. Maaorama 8Iurlvasta1ro Vs» tMaftte of M.P. and others { 2000 (1) M.P.LS.R. 136 ) fhe Madhya Pradesh State Admiaistrative Trft>uiial, Gwalior Bench, whfle considering the circular dated 1,3.1999 whereia, it is provided that the Assistaat Teachers^ who have acquired B,Ed. degree at their own cost between 23. 10.1964 and 7.5.1973 shaU be entitied to two advance mcrements, relied on decisiou m fhe case of Rakesh Kumar SIurlvaatava Vs. Sfeate of M.P. & others passed in O.A.No. 1632/99, decided on 12.10.1999 wherein it is observed fhat fhe circular dated 1.3.1999 camiot be made appMcable retrospectively. Thus^ a teacher^ may be Assistant Teacher^ who has obtained B.Ed. degrce beforc 1.3.1999 is entitied to two advance increments. It is iK>mted out by leamed counsel appearing for fhe {Nstitioner fhat the then State of Madhya Pradesh had ffled a Special Leave Petition against fhie orders passed by fhe Tribunal and fhe Hon^te Suprcme C-ourt dismissed Special Leave Petition No. 1999/2000 ffled against fhe oxder pf fhe Tribunal. Thercfore, tfae dircction to fhe eflTect fhat fhe circular dated 1.3.1999 cannot be made applicable retrospectively, passed by fhe Tribunal, becomes final aad fhe saine shaH be apptfcable to att the Assistaaf Teachers who have obtaiaed B.Ed,/B.TJ, examtaiation cerdficate before 1.3.1999. It is ftirfher substantiated by a circular dated 17.10.2003 issued by fhe prcsent State of Madhya Piadesh wherem the circular clearly states about fhe decision of fhe Suprcme Court, Leamed counsel for the petitioner fiirfher submite fhat fhe facts axtd questioa of law iavolved in fhe present case are squarefy covered by de^ision of fhis Court in ffae case of Yashwant Kumar Bharadwaj Vs. Munidpal Corporatlon, Diurg and anotlier (Supra), to which leanied counsel appearmg for fhe respondents fairly concedes aad agrees wifh fhe averment made by learaed counsel appearing for fhe petitioner. 6. Accordtcigly, fhe writ petition is aHowed ia terms of tiie order passed ia the case ofYashwant Kumar Bharadwaj Vs. Municiiwd CorpoTation, Diurg and anothw (Supra), subject to verification of (he fact as to whefher fhe petidoner has acquired B. Ed. Exammation CertiBcate on his owa expenses as per fhe circulars dated 24.12.1998 & l.3.1999 and furfher whefher he has been paid two advance mcrements or not No order as to costs. Sd/- SatishK.Agnihotri Judge