y.KS'e^y ^ R^ ^ ?r^"" ^;:; /^ r (A ' rt.--l! UJTHE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH PETITIONER W. P.(S). N0.^737 /2006 ^ Ishwerchandra Vidhyasagar Kannuje Ageabout45year, S/oShriM.L.Kannuje Asstt. Teacher, Gvot. School Kusumi Block- Palari, Distt. - Raipur (C.G.) VERSUS RESPONDENT /• .0o^>s ^^° ^>c (b ^f^^ o.- c^^-\o ^^ State Govt. ofChhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) District Education Officer Raipur, District-Raipur(C.G.) Block Education Qfficer Palari, District-Raipur(C.G.) (?- WRIT PETITION UNDER ARTICLE 226/22? OF THE CONSTITUTION OF INDIA ^- ^•etitioner most humbly submits as under:- -IL^L_^. l^L-- XI-HC-78 sn^Tqirf^ira; gwsii^TgiiTR; *11*IWTa>*<T^» a^ •<<i<ii<<i<i, ®TH<rt'is,ftciitiy ^^.^).6?.?.?/.^W=[ 200 3n^?r>iat»i(4°ii^°<<i*r) s^nwBlN'n^r Shri Somkant Verma, coi Smt. Anju Ahuja G.A. for The petitioner is workii School. in the course of his ser\ obtained B.Ed. certificate at his According to learned two advance increments in vievi Yashwant Kumar Bharadwai jnsei for the petitioner. (he respondents/State. tg as Assistant Teacher in Government jce as Assistant Teacher, the petitioner has ((wn expenses before 1.3.1999. coujisel for the petitioner, petltioner is entitled to of the decision of this Court in the case of Vs. Municipai corDoration. Dura and another reported in 2006 (21 NPJR - CQ 96. This Court in the case of Certifldate Yashwant Kumar Bharadwaj V^ (supra), came to theconclusi] B.Ed./B.T.t. Examination the circular dated 24.12.1998 i^ Pradesh. Further in the matter of M.P. and others reported in 3 Administrative Tribunal, Gwalioi) 1.3.1999 wherein it is provi acquired B.Ed. degree at their shall be entitied to bwo advan4 case of Rakesh Kumar others passed in Originat wherein it is observed that th< applicable retrospectivdy. Thusj has obtained B.Ed. degree b^i increments. <t>i<if<-]<11-i HiioTiffWt'^RrezK ^srt^iran^r |. Municipa! Corporation, Durg and another ^in that the teachers, who had obtained on their cswn expenses, are covered by (sued by the Sate Government of Madhya BmS. Manorama Shrivastava Vs. Stste of )00 (1) IVIPLSR 13S, the Madhya Pradesh ddd Shrivlastava Applic^tion Bench while considering the circular dated that the Assistant Teachers who have wn cost between 23.10.1964 and 7.5.1973 increments, relied on the decision in the Vs. State of Madhya Pradesh and No. 1632/1999decidedon 12.10.1999 circular dated 1.3.1999 cannot be made a teacher may be Assistant Teacher, who :ore 1.3.1999 js entitled tp two advanced P.T.O. XI-HC-78 sn^r^rf^ira; (raT3n^?Tst)H *ii*iwrsb*nth s^^iraRTET, gTH^'ie, Ri'ciitiy .^R^^S7lb^^[200 an^?r <raw (qgtgg^Er) TOITW dfersn^r icaWe It is pointed out by the that the then State of Madhya Pi against the orders passed by the| dismissed the. Special Leave Peti] of the tribunal. Therefore, the dirl 1.3.1999 cannot be madeappll becomes Bna! and the same Teachers, who have obtained B| forther substantiated by a circula| State of Madhya Pradesh wher| ctecision ofthe Hon'ble Supreme Learned counsei for the p| cpjestion of taw involved In the| covered by the decision of thi^ Bharadwaj (supra) to whioh responcfenfState fairiy concedes| learned counsei appearing for the| Accordingly, the writ peti^ this Court in the matter ofYashwd of the fact as to whethec the petif own expenses as per the circuiar whether he has been paid two df costs. etrned qii<<f<'i41-< *iii<iTffte<^t<Rit<i< ^sif^irsn^T counse! appearing for the petitioner (actesh had filed a Special Leave Petition Trlbunal and the Hon'bie Supreme Court (ion No. 1999/2000 filed against the order •fection to the effect that the circutar dated retrospectively, passed by the Tribunal, ^hall be applicable to all the Assistant lEd./BTt certificates before 1.3.1999. It is dated 17.10.2003 issued by the present •lein the circular clearlv states about the ;ourt. fetitioner further submits that the facts and present case of petitioner are squarely Court in the case of Yashwant Kumar learned counsel appearing for the 1 and agrees with the averments made by Ipetitioner. ion is allowed in terms ofthe dedsion of )nt Kuamr Bharadwaj subject to verification ioner has acquired B.Ed. certificate at his tlated 24.12.1998 and 1.3.1999 and fijrther (dvance mcrements or not. No order as to Sd/- Dhirendra Mishra Judge P.T.O.