% -i fe- ^ ^^f^f In the Honble High Court pf Chhattishgarh at Bilaspur (C.G.) W.P. (S) No. £/ff~S" 2006 Petitioner Respondent Prem Sukh Sahu aged 50 years V S/0 Shri Vishamlal Sahu , Assistant Teacher, Govt. Primery School ,Gureda Durg Tahsil & District,Durg. VERSUS 1. TheState Govemment of Chhattishgarh,^ Through the Secretary, Education Department D.K.S. Bhavan, Raipur (C.G.) 2. The Block Education Officer/' Durg (C.G) Writ petition under articles 226/227 of the Constitution of India for issuance of wnt in the nature of MANDAMUS, Certiorari, Prohibition and other suitable WRIT or writs, Order or orders, Direction or directions. The petitioner, above named, furnishes the particulars of the writ petition as under :- HIGH COURT OP CHHATTISGARH AT BILASPUR W. P. Is) No.6105of2006 Petitioner Respoadents Petitioner Respondeats Petitioner Respondents Petitioner Respondents Petitioner Respondents Petitioner Rcspondents Prein Sukh Sahu Versus State Govt. ofChliafttisgarh & anbther W. P. fe) No.6106of2006 Rohit Kuinar Chandiakar Versus State Govt. ofChhattisgarh & others W, P, fg) No.6107of2006 Smt. DiptiTrwari Versus State Govt. ofChhattisgarh & otfacrs W. P. !s) No. 6109 Petitioner : Ramesh Kuinar Huwani Versus Respondents : StateGovt.ofChhattisgarh&ofhers W. P. (slNo, 6110of2006 Sanjay Kutnar Singh Vcrsus State Govt. ofCtihattisgarh & ottiers W. P. fs) No. 6119 of 2006 Babulal Deshinukh Versus State Govt. ofChhattisgaA & others And W. P. !a) No. 6120 of2006 Vcrsui Dwanka Prasad Dewaagan State Govt. ofChhattisgarh & ofhers Sin^e Beach: Hon'ble Mr, Justice Satlsh K. Agnlhotri. Shri Ajay Shrivastava, Advocate for the Petifioners. Smt. Anju Ahuja, Dy. Govt Advocate forthc State/respondents. J^ ORDER (8th November, 200&) The petitioners are working as Assistant Teachers/Lecturers iu fhe govenunent schools. In fhe course of their serviees as Assistant Teachers/Lecturers, they have obtained B.Ed./B.T.I. exaHunation certificates oa their own expenses before 1.3.1999. Writ Petition (s) No.s 6105/2006, 6106/2006, G107/3006, 6109/2006, 6110/2006, 6119/2006 and 6120/2006 are being disposed ofby this conunon orier as fhe facts and question oflaw aivolved m these petitions are coininon. According to learned counsel for the petitioners, the petitioners are entitled to two.advance iucreinents in view ofthe decision of fhis Court ia the case of Yashwaat Kuniar Bharadwai Vs. Miimcroal Corporation. Dure and anofher (2006 (II) MPJR-CG 96}. This Court in the case of Yashwant Kuinar Bharadwaj Vs. Municipal Corporation, Durg and aaofher (Siipra), caiae to the concliision fhat the teachers, who had obtained B. Ed. /B.T.I. Examination CertiGcate on fheir own expenses, are covered by the circular dated 24.12.98 (Annexiire P/l) issued by fhe State Goveminent of Madhya Pradesh. Further in the matter of Suit. Manoraina Shrivastava Vs. State of M.P. and ofhers ( 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Adininistratroe Tribunal, Gwalior Bench, whfle consklering the circular dated 1.3.1999 wherein, it is provided that fhe Assistant Teachers, who have acquired B.Ed. degree at fheir own cost between 23.10.1964 and 7.5.1973 shaU be entitled to two advance increnients, relied on decision in the case of Rakesh Kumar Shrivastava Vs. State of M.P. & ofhei^ passed in O.A.No. 1632/99, decided on 12.10.1999 wheremit is observed fhat the circular dated 1.3.1999 cannotbe Biade appUcable retrospectively. Thus, a teacher, niay be Assistent Teacher, who has obtauied B.Ed. degree before 1.3.1999 is entifled to two advance increiaents. ^ •<- --/. 5. It is pointed out by leamed counsel appeariug for fhe petitioners fhat fhe then State of Madhya Pradesh had filed a Special Leave Petition against the orders passed by fhe Tribunal and fhe Hon'bte Suprenie Court disinissed Special Leave Pfetition No. 1999/2000 ffled agauist fhe order of fhe Tribunal. Therefore, the direction to the effect fhat fhe circular dated 1.3.1999 eannot be uiade applicabk retiospectively, passed by fhe Tribunal, becoines fiiial and the sameshaU be appUcable to aU the AssistantTeachers who have obtained B.Ed./B.T.I. Examiaation Certificates before 1.3.1999. It is farther substantiated by a circular dated 17.10.2003 issiied by the present State of Madhya Pradesh wherein the circular cleariy states aboiit fhe decision of fhe Supreme Court. 6. Leanied counsel for the petitioners further subinits fhat fhe faets and question of law uivolved in the present case are squarely covered by decision ofthis Gourt ia the case of Yashwant Kuiaar Bharadwaj Vs. Municipal Corporation, Durg and aaofher (Supra), to which leamed counsel appearing for the respondents fairly concedes and agrees with fhe avenueat inade by leamed counsel appearing for fhe petitioners. 7. Accordingly, these writ petitions are aUowed in tenas offhe order passed ui the case ofYashwaat Kuinar Bharadwaj Vs. Muaicipal Corpoi-ation, Durg and anofher (Supra), subject to verification of fhe fact as to whether fhe petitioners have acquued B.Ed./B.T.I. Examination Certificates on fheir own expensesas per the circulars dated 24.12.1998 and 1.3.1999 and further whether they have been paid two advance iuGreinents or not. No order as to costs. Bablu 8, A copy of fllis order be placed on record ofconnected inatters. \ Sd/- \ SatishK.Agnihotri Judge