'IHRf %^'?f?^? ^fWf*'!" -fc Q .d'-lCO IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.(S) No. ^&^ / PETITIONER <- Taren Lal Chandrakar, S/o, Shri, Bodhav Singh Aged about 44 years, Assistant Teacher, Primary School - Shikari Tola , Block - Dondi, Distt. Durg, (C.G.) RESPONDENTS VERSUS ^L.^V» S /il9)\i./%^. .. State of Chhattisgarh & < ,.•'• ....-•" Through- The Secretary, '4a~" A·ri·,:^^'^ ^s-y "^.•••' 3 r-.O^ j ^•^ b \^^ i^ ^l'o. ^·" ^ Others Tribal Welfare Department, D.KS. Bhawan, Raipur (C G.) 2. Commissioner Tribal Welfare, Chhattisgarh Govt. Raipur, 3. Assistant Commissioner, Tribal Welfare, Distt.-Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT, DIRECTION ETC TO DO JUSTICE IN THE MATTER. (^ WWCWKT Cf CHHATnseAW AT BILASPUR W. P.fSlNo. 6891 of 2006 Petitioner : Bedrom Oiksena Versus Respondents: State of Chhatt-isgarh <S others And W. P.(S)No. 6897 of 2006 Peti+ioner : Tapen Lal Chandrakar Versus Respondents: State of Chhatfisgar'h <S others Single B<nch: Honfcle Mr. Justice Satish K. Agnihotri. Present: Shri A.5. Rajput, Advocate for the Petitioner(s). Smt. Anju Ahuja, Oeputy 6ovt. Advocate State/respondents. OR&ER (Passed on 13th day of December, 2006) :t.- 1. The petitioners are working as Assistant Teachers in the government Schools. In the course of their services as Assisiwit Teachers, the p^f'rtioners have obtained B.Ed. examination certifica'tes on their own e?<penses before 1.3.1999. 2. Writ Petition (5) No.s 6891/2006 and 6897/2006 are being di^osed of by this common order as +he facts ond question of lcn»involved in these petitions are common. 3. Accord'mg to learned counsel for -fhe peti+ioners, the petitioners are entitled to two advonce increments in view of the decision of this Court in ihe COSK of yashwant Kumar Bharadwni Vs. Munici'Dal Corporation. Durq <md another {2006 CEI) MPJR-C6 96}. Tliis Court m •rfie case of Yoshwant Kumar Bharadwaj Vs. Municipat Corporation, Ourg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed./B.T.I. Examination Certificate on their own expenses, are covered by the circutar da-ted 24.12.98 (Annexure P/7) issued by the S^ate Sovemment of Madhya Pradesh. 4. Further m Itte mort-ter of Smt, MoBiorama Shrwastava Vs. State of M.P. and o+hers { 2000 (1) M.P.L5.R. 136 } the Madhya Prode^i S+u'te Administroitive Tribunat, Swatior Bench, uAiite considering the circular dated 1.3.1999 wherein. it is provided that the Assistcmt Teachers, tAo have acquired B. Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shalt be entitted to -hwo odvance increments, relied on decision in the case of Rake^i (Cumar Shrivastava Vs. 5tate of MJ». & o-thers passed in O.A. No. 1632/99, decided on 12.10.1999 wherem it is obseryed that the circular dated 1.3.1999 connot be made applicabte retrospectively. Thus, a teadier, moy be Assistont Teacher, who has ob-tnined B. Ed. degree before 1.3.1999 is entitted to two advance increments. B^ *-^- 5. It.is pointed out by learned counsel appearing for the petitioners that the then State of Madhya Pradesh had filed a Special Leave Petition agamst the orders passed by the Tribunal and the Hon'ble Supreme Court dismissed Specint Leave Petition No. 1999/20(X) filed against +he order of -the Tribunal. Therefore, the direction to the effect that the circular dated 1.3.1999 cannot be nrode applicable retrospectivety, possed by -the Tribunal. becomes final and the same riiall be <ypticable to att the Assistnnt Teachers wrfio have obtnined B. Ed./B.T.I. examination certifica-te before 1.3.1999. It is further substontiated by a circular dated 17.10.2003 issued by the present State of A\adhya Pradesh wherein the cirajtar ctearly states about the decision of -the Supreme Court. v / 6. Learned counsel for the petitioners further submits that the facts ond question of law involved in +he present case are squarely covered by decision of this Court in -the ca% of Yadiwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and <mother' (Supra), to Kihich tearned counsel appearing for the respondents fairly concedes and agrees with -the averment matfe by learned counsel appearing for the petitioners. 7. Accordin9ly, the writ petitions areallowed in terms of the order passed in the case of yadiwnnt Kumar Bharadwaj Vs. Municipal Corporotion, Dur9 and ano-ther (Supra), subject to verification of the fact as to whe-ther the petitioners have acquired B. Ed./B.T.I. Exomination Certificate on their ovm e>q»enses as per the circulars dated 24.12.t998 imd 1.3.1999 and fur+her whether +hey hwe been paid two advance increments or not. No order as to costs. 8. A copy of this order be placed on record in connected matters. Sd^- . ., SaUsbK.AgB^om 3udge