-I In the Honble High Gourf of Chhattishsarh at Bilaspur {C.G.) W.P.(S) No. 6'745 2006 Petitioner .............Prem Lal Deshmuldt aged 43 years f S/0 Shri Dhruvram Deshmukh , Assistant Teacher, Govt. Primery School ,Kamroud Durg Tahsil & District,Durg. VERSUS Respondent... ... 1. The State Govemment of Chhattishgarh, - Through the Secretary, Education Departinent D.K.S. Bhavan, Raipur (C.G.) „/y .^ 2. The Block Education Officer, / Durg (C.G) ^- Writ petition under articles 226/227^ of the Constitutipn of India for issuance pf writ in the nature of MANDA^ilUS, Certiorari, Prohibition and other suitable WRIT or writs, Order or orders, Direction or directions. ^\" /" \" ^'The petitioner, above named, fumishes the particulars of the ^ }\ \<^ writ petition a-s under ;- AL ^ \^<^ writ petition as under :• XI-HC-78 *TW<:tl Sb*11<h 3^'^IPIRTO, »Tn«'IS,[qclltfy ^^^.f.C^).^H9./.^ 200 an^T'raw (ijpfg^r) aTl^Twf^TNi traT3fI^Tsbt<i+ ^I. ??aiw flfef STI^T <oi<<T<'i<n-< >ii*<ci>'ffte^t'<Ri«<i< ^sTRtiTan^r 11.12.2006: Shri Somkant Verma ccwnsel fo|- the petitioner. Shri Somesh Bajaj GA for the r^spondent/State. Petitioner isworking as Teachej in a Govanment School- In the course of his service as Teacher, he has obtair|ed B-T.I. certificate at his cwn expenses before 1.3.1999. According to learned counsd fo| advance increments in view ofthe decij the petitioner, petitioner is entitled totwo a'on ofthis Ccurt ih the case ofYashwant Kumar Bharadwaj Vs. Municipal corjioration, Durg and another reported in 2Q06 (2) IVIPJR - CG 96 wherein it fias been held that the teachers having obtained B.Ed., M.Ed., BTI certificates |at their own expenses are covered by the circular dated 24.12.1998 issued by th^ State Government ofMadhya Pradesh. Further in the matter of Smt. and others reported in 2000 (1] Adninistrative Tribunal, Gwalior Ben| 1.3.1999 wherein it is provided that lanorama Shrivastava Vs. State of M.P. M3LSR 138, the Madhya Pradesh ;h while considering the ciroular dated the teachers who have acquired B.Ed. degree at their own cost between 23.110.1964 and 7.5.1973 shall be entitled to two advance increments. relied on th4 decision in the case of Rakesh Kumar Shrivastava Vs. State of Madhya ff Application No. 1632/1999 ctecided on circular dated 1.3.1999 cannot be nt teacher may be Assistant Teacher, 1.3.1999 is entitled to two advanced initi 'radesh and others passed in Original 12.10.1999 wherein it is observed that the lade applicable retrospectively. Thus, a who has obtained B-Ed. egree before rements. It is pointed out by the leame^ counsel appearing for the petitioner that the then state of Madhya Pradesh had filed a Speciat Leave Petition againd the orders passed by the Tribunal and th]e Hon'bfe Supreme Court dismissed the XI-HC-78 *TTqcll aiWcb 3^?=TPIRTO, »Tn*f'IS,Rlciwy ^p.f^)..^?./.^^ 200 3<l^l isiti (yigisi^'sT) SfI^TiRTR-fi'ti nw3n^fr*i s^nwfff^tTsn^T »i<<tci41-i'<i*<CTTfftecfl'<Ri'K;i< ^aif^rsn^r Speoial Leave Petition No. 1999/20p0 ffled against the order of the tribunal. Therefore. the direction to the effect made applicabie retrospectively, pas^ed by the Tribunal, becomes final and the same stiall be applicabte to all the cfated 17.10.2003 issued by the pre^ that the circular dated 1.3.1999 cannot be Assistant Teachers, who have obtained B.Ed./BTI certilicates before 1.3.19£|9. It is further aibstantiated by a circular ent State of Machya Prad^h wherein the circular clearly states about the decisitin ofthe Hon'ble Supreme Court. Learned counsel for the pet|tioner further ajbmits that the facts and question oflawinvolvedin the presenjt case of petitioner are squarely covered by the decision ofthis Court in the cas^ ofYashwant Ku'mar Bharadwaj (supra) to the respondent/State fairly concedes and arned counsel appearing for the petitioner. is allowed in terms ofthe decision ofthis which learned oounsel appearing foi\ agreeswith the averments made by 14 Aocordingly, the writ petition Court in the matter of Yashwant Kua^nr Bharadwaj subject to verification of the fact as to whether the petitioner fjas acquired B.T.I. certiiicate at his own expenses as per the circular dated 2^.12.1998 and 1.3.1 999 and further whd:her he has been paid two advance increnlents or not. No order as to cost. Sd/- UhirendraMishra Judge P.T.O.