§§§Ed§m§§~g€£9 983$3%.?v) \N8N «ah. a n U 3%wgnihwhai iwwgmi Eiwxg gm. §m$%§§.§mm. Wm: - d&.§.m 31$ W@& 11111111 n 3 iadaaam. Ed H dWEV gm EQ WEE. %.W.Am. £1. glamAg“; g g§§~ Wm: - g.“ Ea; azimuaEggg. “ a a w m . am: - §amm Awei HIGH COURT OF CHHA’I‘TISGARH AT BILASPUR w. P. (s) No. 481 1 of 2005 Pen'u'oner z Kishoxe Kumar Shanna Vclsus Respondents : State of Chhattisgarh and others And W. P. (s) No. 4921 of 2005 Petitioner : Mohan Lal Patel Versus Respondents : State of Chhattisgarh and others Single Bench: Hon’ble Mr. Justice 8atish K. Ayihotri. Shri S.K. Thomas, Advocate for the Petitioners. Shri V.V.S. Moorthy, Deputy Advocate General with Smt. Anju Ahuja, Deputy Govt. Advocate for the State] respondents. ORDER (3 1st October, 2006) 1. The pen'tionexs are working as Upper Division Teachers] Assistant Teachers in the government schools. In the course of their services as Upper Division Teachers] Assistant Teachers, the petitioners have obtained B. Ed./B.T.I examinah‘on certincates on their own expenses before 1.3. 1999. 2. The petitioners have acquired B.Ed.]B.T.I. qualifications before 1.3. 1999 in the year 1979 and 1992 respectively. The petitioners were initially granted two advance increments but the same was withdrawn by orders dated 15.01.2002 and 18.02.2002 (Annexure A- 1) respectively. Wn't Petition (S) No.s 4811/2005 and 4921/2005 axe being disposed of by this common order as the facts and question of law involved in these petitions am common. According to learned counsel for the petitionels, the petitioners are entitled to two advance increments in View of the dec‘mion of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municinal Corporation. Durg and another {2006 (II) MPJR-CG 96}. This Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed. Examination Certificate on their own expenses, are covered by the circular dated 24.12.98 issued by the State Government of Madhya Pradesh. Further in the matter of Smt. Manorama Shrivastava Vs. State of M.P. and others { 2000 (1) M.P.L.S.R. 136 } the Madhya Pxadesh State Administrative Tribunal, Gwalior Bench, While considering the circular dated 1.3.1999 wherein, it is provided that the Assistant Teachers, who have acquired B. Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shall be entitled to two advance increments, relied on decision in the case of. Rakesh Kumar Shlivastava Vs. State of M.P. 85 others passed in O.A. No. 1632/99, decided on 12.10.1999 wherein it is observed that the circular dated 1.3. 1999 cannot be made applicable ren‘ospectively. Thus, a teacher, may be Assistant Teacher, who has obtained B. Ed. degree before 1.3.1999 is entitled to two advance increments. It is pointed out by learned counsel appearing for the petitioners that the then State of Madhya Pradesh had hled a Special Leave Petih‘on against the orders passed by the Tribunal and the Hon’ble Supreme Court dismissed Special Leave Petition No. 1999/ 2000 tiled against the order of the Tribunal. Therefore, the direction to the edect that the circular dated 1.3.1999 cannot be made applicable retrospectively, passed by the Tribunal, becomes final and the same shall be applicable to all the Assistant Teachers who have obtained B. Ed. examination certihcate before 1.3. 1999. It is fluther substantiated by a circular dated 17.10.2003 issued by the present State of Madhya Pradesh wherein the circular clearly states about the decision of the Supreme Com. Learned counsel for the petitioners further submits that the facts and question of law involved’ in the present case are squarely covered by decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), to which learned counsel appearing for the respondents fairly concedes and agrees with the averment made by learned counsel appearing for the petitioners. Accordingly, the writ petitions are allowed in terms of the order passed in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), subject to verification of the fact as to Whether the petin‘oners have acquired B. Ed. Examination Certificate on their own expenses as per the circulars dated 24.12.1998 and 1.3.1999 and further Whether they have been paid two advance increments or not. No order as to costs. A copy of this order be placed on record in connected matters. Sd/— ' Satish K. Agniiwtr: l alkage 1 . Subhash {M .