y^j '.^' '•'ys''^^^ .^^iL.A» •K-y'^..U'^'^ Mift". PETITIONER IN THE HIGHCOURT OF JUDICATURE ATBILASPUR CHHATTISGARH W. P.(S). N0.6702-/2006 : y Kamal Narayan Sahu Ageabout42year, S/o Shri Hirde Ram Sahu Asstt. Teacher, Primary School Gidhpuri Block -Palari, Distt. - Raipur .(C.G.) VERSUS RESPONDENT ^1 -o'o^ A k ', ^l^ ^yc ^;^ cv- ^2. State Govt. ofChhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) District Education Officer Raipur, District-Raipur(C.G.) ^3, Block Education Officer Palari, District-Raipur(C.G.) o- WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA Petitioner most humbly submits as under:- XI-HC-78 ^IHCITSh^lch :ss{ "Mi<<ict<i, siTnu'is, Rniyy .^.e..-6.?.&.?./.p^. an^T'raq? (i^3^Er) sn^T^irf^^R; ^3II^TstlHi<ti waiWflf^Tsn^r qii^fi'i'fl-i HwciT ^ te'^l' tRiyit ^ia.rf^tTsn^T 07.12.2006 Shri Somkant Verma oounsel fo Shri Somesh Bajaj GA for the ' the petNoner. r^spondent/State. Petitioner is working as Teachej his sen/ioe as Teaoher, he has obtainl before 1.3.1999. in aGovernment School. In the courae of ^d B.Ed. certificate at his own expenses Aooording to learned counsel fo| advance increments in view ofthe decit Kumar BharadwaJ Vs. Municipal 2006 (2) MPJR - CG 96 wherein it obtained B.Ed., M.Ed., BTI certificates |at circular dated 24.12.1998 issued by th^. the petitioner^petitioner is entitled to two ifcion of this Court in the oase of Yashwant corjioraUon, Durg and anoUier reported in |has been held that the teachera having their own expenses are covered by the State Government of Madhya Pradesh. Further in the matter of Smt. M and others reported in 2000 (1)| Administrative Tribunal, Gwalior 1.3.1999 wherein it is provided that degree at their own oost between 23.) two advanoe inorements, relied on th^ Shrivastava Vs. State of Madhya Application No. 1632/1999 decided on circular dated 1.3.1999 cannot be teacher may be Assistant Teaoher, 1.3.1999 is entitled to two advanced int It is pointed out by the learnecj the then state of Madhya Pradesh orders passed by the-Tribunal and t^|i lanorama Shrivastava Vs. State of M.P. MPLSR 136, the Ktedhya Pradesh B^nchwhile considering the circular dated |the teaohers who have aoquired B.Ed. 10.1964 and 7.5.1973 shall be entitled to decision in the case of Rakesh Kumar Ffradesh and others passed in Original 112.10.1999 wherein it is obsen/ed that the njiade applicable retrospectively. Thus, a \fiho has obtained B.Ed. degree before intrements. counsel appearing for the petitioner that hac| filed a Special Leave Petjtion against the je Hon'ble Supreme Court (jlismissed the XI-HC-78 *ii*<Mi axirai 3^:;TFt1?PT, ®Tfiti'l<o,Rlcliy^ ^-.W.f,.^?.o?7/&..fc t?T'<iqi (li,c<[^<!«^iT) sn^r^rf^iN; (WT 3D^T sBITR; ^.' ^cnwaf^Ta.n^r Special Leave Petition No. 1999/20p0 Therefore, the direction to the effect| made applicable retrospectively, pasj same shall be applicable to all the B.Ed./BTI certificates before 1.3,19q dated 17.10.2003 issued by the pre^ circular cleariy states about the decis filed agairet the order of the tribunal. Ithat the circular dated 1.3.1999 cannot be ^ed by the Tribunal, becomes fin^ and the Assistant Teachers, who have obtained )9. It is further substantiated by a circular ^ent State of Madhya Pradesh wherein the |on of the Hon'ble Supreme Court. Learned counsel for the pe question of law involved in the presei the decision of this Court in the casi which learned counsel appearing foi agrees with the averments made by Accordingly, the writ petition| Court in the matter of Yashwant Ku^ fact as to whether the petitioner expenses as per the circular dated 2( tie has been paid two advance increTjients 'ni'siFiitfl-i WRff if fS<S ^TRTC ^•siRffl-sn^T ;itioner further submits that the facts and rt case of petitioner are squarely covered by of Yashwant Kumar Bharadwaj (supra) to the respondent/State fairly oonoedes and iarned counsel appearing for the petitioner. is allowed in tenns of the decision of this imr Bharadwaj subject to verification of the as acquired B.Ed. certificate at his own L12.1998 and 1.3.1999 and further whether or not. No order Sd/- Dhirendra Mishra Judge P.T.O.