PETITIONER RKi'iPONDENTS /^<y^y 'c ^' v>-w\ IN THE HICH COURT OF CHHATTISCARH AT BILASPUR (CC) WRIT PETITION (S) N0. y /2006 WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA, / Anant Kumar paikra (B.EO.), aged about 39 years, son of Late Shri Sadaram &"^P-ail<ra, Assistant Teacher, Government $f.^^-i"r^^ri'oai} BOYS PrimarY School Tamta, ^-<^-i>^--"" Distt. Jashpur (C.G.) ^\^a'h^>' €^"~ ' fv*f' VERSUS / 1. Stateof Chhattisgarh, through - Secretary, Department of TriDal Welfare, Dau Kalyan Singh Bhawan, Raipur (C.c.) /2. The Commissioner, Department of Tribal welfare, Raipur (C.G.) / 3. Assistant commissioner, Departmenl- of Tribal Welfare, District Jashpur Nagar (C.G.) /4. The Principal, Government 6'nb4Jj Higher Secondary School - Tarnt;), Distt. Jashpur (C.c.) HIGH COURT OF CHHATTISGARH AT BILASPUR t^titioaer Rcspondents Petitioncr Respondcnts Petiiioner Respondcnts W. P. fs) No. 5833 of2006 Ashok Kuinar Rana Veraus Stete ofChhattisgaA & ofhers W. P. (s) No. 5836 of 3006 Awdhesh Kumar Tiwad Veisys Statc ofCMlatdsgarh & ofhera W. P. fsl No. 5835 of2006 Anant Kuinar Paikra Versus Statc of ChhattisgaA & othcrs Sit4?e Bench; HonTale Mr. Justice Sattoh K. AgnUiotrl. Shri A. N. Bhakta, Advocate for fhc PctitioneTs. ShriUfkarsh Vcrma, Govt. Advocate forfhe State/respondents. ORDER '', , (30A October, 2006) The pctitioners are worlm^ as Upper Division Tcachers/Assistant Teachers in the govenuncnt schools. In the cotirsc oftheir services as Upper Division Tcachers/Assistant Teachers, fhe pctitioncrs faave obtamed B.Ed./B.T.I. cxamination certificatcs on their own cxpenscs bcfore 1.3.1999. Writ Petitkin (s) No.s 5833/2006, 5836/2006 and 5835/2006 are being disposed ofby this cominon order as fhe facts and question bflaw involwed in thcse petitions are common. According to team.cd counsel for fhe petitioncrs, fhe pctitipaeis are entifled to two advancc mcrenients in vicw of fhe decision of this Court in fhe case of YashwEint Kumar Bharadwai Vs. Mumcipal Corporation. Dur^ and anofher {2006 (II) MPJR-CG 96}. This Court in the case of Yashwant Kmnar Bharadwaj Vs. MTMiicipal CSorporadon, Durg and anothcr (Supia), camc to fhc conclusion fhat the teachers, who had obtaincd B. Ed. /B.T.I. Examination Certifcate on thcir own expenscs, are cavered by fhe circular dated 24.12.98 (Anncxure P/7) issued by fhe State Goveminent of Madhya Pradesh. Purther m the matter of Smt. Manorama Shrivastava Vs. State of M.P. and otheis { 2000 (1) M.P.L.S.R. 136 } fhe Madhya jPradesh State Administrative Tribunal, Gwalior; Bcnch, whik considering the circular dated 1.3.1999 wherein, it is provided fhat the AssistantTcachers, who have acquired B.Ed. degree at their own cost betwccn 23.10.1964 and 7.5.1973 shafl be entifled to Iwo advaace utcrenncrits, relied on decisioff in fiic case of Rakcsh Kumar Shnvastava Vs. State of M.P. & ofhers passcd in O.A.NO. 1632/99, decided on 12.10.1999 wherein it is observed that the circular dated 1.3.1999 cannot bc madc applicabte retrospectivety. Thus, a teachcr, inay bc Assistant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entifled to two advancc increments. It is pointed out by teamed counsel appearing for thc pctitioners that fhc fhcn State of Madhya Pradesh had ffled a Special Leave Petition against fheorders passed by fhe Tribunal and fhe Hon'bte Supreme Court dismissed Special Leave Petition No. 1999/2000 filed agamst the order of thc TribunaL Therefore, the direction t0 ic cffect fhat fhe cireiilar dated 1.3.1999 cannot be madc applicable retrospectivety, passed by fhc Tribunal, becomes final and fhc same shaU bc applicabk to aU fhe Assistant Teachers who have obtained B.Ed./B.T.I. exmnination certificate bcfore 1.3.1999. It is furfher substantiated by a circular dated 17.10.2003 fasucd by fhe present Statc of Madhya Pradesh whcreia fhe cucular clearfy states /about the decision of the Supreme Courfc 6. Leamed counscl for the petitioncrs furfher subinits that the facts and questioti of law involved in the present case are 'squarefy coveredby dccisionofthis Courtinfhe case of Yashwant Kumflr Bharadwaj Vs. Miuucipal Corporation, Duig aad another(Supra), to which leamed counsel appearing for fhe respondents fairfy ^-.i concedes and agrees wifh the averment inade by leamed counsel appeanng for fhc petitfoneis. .< Accordingly, fhc writ pctition is atowcd m terrils offhe order passed in thc case ofYashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and anothcr (SuprE^, subjcct to vcrificfftion of fhe fact as tDWbether fhe pctitioners havcacquired B.Ed./B.T.I. Examination Certificate on their own cxpenscs as per ttus circulars dated 24.12.1998 and l.3.1999 and furflier Whethcr thcy have bcen paM Iwo advance increinents or not No order as to costs. A copy offhis otdcr be pteced on record ofcoanected matters. kur Sd/- Satish K. Agnihotn Judge *