i; .\ao( IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P. (Sl No. (?8 31 / 2006 PETITIONER ^ ^<eSB ,&•• :,,-B.L. Kaushik, S/o. Shri Devnath Kaushik, Aged about 55 years, Assistant Teacher, Boys Primary -&<^'^""^A""" School - Chaitma, Block - Pali, Distt- Korba (C.G.) VERSUS RESPONDENTS ^ob <^^y ^A.^' 6^^ ^ State ofChhattisgarh & Others Through- The Secretary, Department of Tribal Welfare, D.K.S. Bhawan, Raipur (C.G.) 2. Commissioner, Tribal Welfare Chhattisgarh Govt. Raipur 3. Assistant Commissioner, Tribal Welfare, Distt. - Korba (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE DIRECTIGNETC TO DO JUSTICE IN THE MATTER. XI-HC-78 qTqclTai*11t*i 3^T -^ll'tlldil, ®T()«'IS,Rlclldy ,.f.C^^ N6- ^83). ^ 200 [fi w^i w* (•i<=iIas"<.8T) sn^Twf^iN? asirancSwstiiit) ?RIIW<lf?tTCT^T 11.12.200e Shri A.S. Rajput, counsel for th Smt. Anju Ahuja G.A. for the re^pondente^tate. The petittoner Is vturkhig a^ School. In the couree of his service a^ *i«tri<n-ft<it<dl'ffte'<fl <Ri+<it ^)3if^iT3n^r s petittoner. obtained B.T. I. certiiicate at his own e)4penses before 1 .3.1999. According to leamed counsel ftj two acjvance increments in view oftht Assistant Teaoher In Govemment Assistent Teartier, the petittoner has r the petitioner, petitioner is entitled to decision of thls Court in ttie case of Yashwant Kumar Bharadwa! Vs. IMunieinal corporation. Dura and another reDOrted in 2006 (2i MPJR Yashwant Kumar Bharadwaj Vs. Mun; (supra), came to the eonclusion th^t the teachers, who had obtained B.Ed.fl.T.I. Examinatton Certificate on| the circular dated 24.12.1%8 issued Pradesh. Further in the matter of Smt Manorama Shrivastava Vs. State cf -<S_a6. Thte Court in the oase of olpal Corporatlon, Durg and another theirown expenses, are covered by )y the State Government of Madhya M.P. and others reoorted in 2000 (I Administrative Tribunal, Gwalior Bench 1.3.1999 wherein it is provlded that MPLSR 136. the Madhya Pradesh whiie considering the ciroular dated the Assstant Teachere who have acquired B.Ed. degree at their own co^t bstween 23.10.1964 and 7.5.1973 shail be entitled to two advance incre|nents, relied on the (tecision In the case of Rakesh Kumar Shrivastava |Vs. State rf Madhya Pradesh and othere passed in Original Apptication N^. 16^/1699 deoktedon 12.10.1999 wherein it is observed that the oirouitr dated 1.3.1999 cannot be made appficable retrospectively. Thus, a teacjher may be Assistart Teacher, who ihas obtained B.Ed. degree before 1.$.1W9 is entitled to two advanced lincrements. P.T.O. XI-HC-78 *TTH<»n SSNKsh TSg'^iraRTO-, »T(1«'16,(sfftlfly ^.p.f^-^..^9^'/^ooc' ^..................... ^ 200 3<1^1 4d«h(•i?t(d°l^) Bti^rwf^ri?; (I2IT3TI^TOTNi ^ ?¥ctrw(rfS(T3n^r it is pointed out by the tearnep that the then State of Madhya Prade|sl agalnst the ordere passed by the dismissed the Special Leave Petition] of the tribunal. Therefore, the direotk^n 1.3.1999 cannot be made becomes final and the same shall Teachere, who haveobtained B.Edj further substantiated by a circular da): State of Madhya Pradesh wherein decision ofthe Hon'bte Supreme Cour):. Learned counsel for the petitic|ni question of law involved in the covered by the decision of this Bharadwaj (supra) to which le^r respondent/State falriy concedes ancfl ieamed counsel appearing for the petii|io Accordingly, the writ petftion this Court in the matter of Yashwant of the fact as to whether the petition^r own expenses as per the cireular datett whether he has been paid two costs. CoUrt advarice <tiwFci<l1-( •<it«iTffteA<R]tei< ^ari^iTan^r counsel appearing for the petitioner Pradefsh had fited a Special Leave Petition Tri(>unal and the Hon'bie Si(?reme Court |No. 1999/2000 ffied again^. the order to the eftect that the circutar dated appiicable i^trospectively, passed bythe Tribunal, be applicabte to aB the Assistsmt 1.<PTI certificates before 1.3.1999. It is ted 17.10.2003 issued fcy.the present |the oircutar clearly states abotA the petitic|ner lurther submits that the facts and pre^ent case of petitioner are squarely in the case of Yashwant Kumar jrned counsel appearing tor the agrees with the averments made fay petii|ioner. |s allowed in terms ef the decision of Kjuamr Bharadwaj suojeot to veriflcation has acquired B.T.1. eertffioate at Ms 124.12.1998 and 1.3.1999 and further increnwnts or not. No order as to sd/- Dhirendra Mishra Judge P.T.O.