\ MSGH COURT OF CJ4HATTISGARH AT WRIT PETITION (S) N0£7oo/2006 r.O^ ^'°^^ ^^' ^"°" /- 3. W/o Shri Ramlal Kuldeep Age about 43 years, Asstt. Teacher, Govt. Primary School, Ghothiya, Distt. - Kanker (C.G.) VERSUS 1. State Govt. of Chhattisgarh Through: Secretary, School Education Department Ministry, D.K.S. Bhavan, Raipur (C.G.) ^ 2. District Education Officer Kanker(C.G.) Block Education Officer Kanker(C.G.) fc^ WRiT PETITION UNDER ARTICLE 226&2? OF THE CONSTITUTJQN OF INDIA Petitioner most humbly submit as under:- XI-HC-78 *im<'ns»»»ii^ 3^' •*ll<<IC|i|, E9Tnw'16, (°ICll<iy< ..^.^.fn.^>.[.k.( 3TI^?Tq^; (yi(^q<^sT) sn^rqirR^itt) HSITSn^Tstixi'b S^ITW flf^r sn^T *l<lfcl'!ft-f •<|t|rlT^'fei^tl"lt<il< ^sri^q-gn^r 07.12.2006 Shri SomkantVerma counsel fo| Shri Somesh Bajaj GA for the i(- the petitioner. r^spondent/State. Petitioner is working as Teachej his service as Teacher, she has obtaiijied before 1.3.1999. in a Government School. In the course of B. T.1. certificate at her own expenses According to learned counsel fq advance increments in view ofthe decii the petitioner, petitioner is entitled to two bion of this Court in the case of Yashwant Kumar Bharadwaj Vs. Muntcipal corjporaflon, Durg and another rgported in 2006 (2) MPJR - CG 96 wherein it obtained B.Ed., M.Ed., BTI certificates has been held that the teaohere having at their own expenses are covered by the oircuiar dated 24.12.1998 issued by th^ State Govemment of Madhya Pradesh. Further in the matter of Smt. W and others reported in 2000 (1| Administrative Tribunal, Gwalipr Ben| 1.3.1999 wherein it is provided that degree at their own oost between 23. fl two advanoe increments, relied on th^ Shrivastava Vs. State of Madhya F] Applteation No. 1632/1999 decided on teaoher may be Assistant Teaoher, 1.3.1999 is entitled to two advanced inii It is pointed out by the learnecj lanorama Shrivastava Vs. State of M.P. MPLSR 136, the Madhya Pradesh [;h while oonsidering the oircular dated |the teachers who have acquired B.Ed. 10.1964 and 7.5.1973 shall be entitted to decision in the oase of Rakesh Kumar 'radesh and others passed in Original N2.10.1999 wherein it is observed that the circular dated 1.3.1999 cannot be njiade applicable retrospectively. Thus, a wtio has obtained B.Ed. degree before irements. oounsel appearing for the petitioner that the then state of Madhya Pradesh.had|filed a Special Leave Petition against the orders passed by the Tribunal and tl-|e Hon'ble Supreme Court dismissed the F XI-HC-78 HI^CTTa-iW^i 3^T '<ii<<i<'i<4, aiflu'is, ls|rliy^< •^j^p-..-..<..•..•</.v.w.^.y^). ^q. ^gg -'i- 3TI^?T>4a<»>(yitfl'tS'iT) 3T)^T?iTf?:IR> (WfSiraTsntllti '~'J& ?Riiw;Hl?a'3n^T that Special Leave Petition No. 1999QOOp Therefore, the direotion to the effect made applicable retrospectively, pass^c same shall be applicable to alt the B.Ed./BTI certificates before 1.3,19991. dated 17.10.2003 issued by the pres^r oircular ctearly states about the decisioji Learned counsel for the petit! question of law involved in the present| the decision of this Court in the case whioh learned counsel appearing for agrees with the averments made by le^ Acoordingly, the writ petition i^ Court in the matter of Yashwant Kuarhr fact as to whether the petitioner ha|s expenses as per the circular dated 24.f she has been paid two advance inorerT|ents °n]<i?<-]41-iiiHciTff tetA tRfwit ^arf^liTsn^r fited against the order of the tribunal. the ciroular dated 1.3.1999 cannot be jd by the Tribunal, becomes final and the Assistant Teachers, who have obtained It is further substantiated by a circular nt State of Madhya Pradesh wherein the of the Hon'ble Supreme Court. :|oner fjjrther submits that the facts and |case of petitioner are squarely covered by |af Yashwant Kumar Bharadwaj (supra) to (he respondent/State fairly concedes and |irned oounsel appearing for the petitioner. iqs allowed in tenns of the decision of this Bharadwaj subject to verification of the |s aoquired B.Ed. certificate at her own (12.1998 and 1.3.1999 and further whether or not. No order g^y. Dhu"endra Mishra Judge P.T.O.