^!i f^'f &. IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W, P. fSLNo^ -77°^ OF 2010. PETITIONER RESPONDENTS Ku. Anita Sharma (after Marriage Now Smt. Anita Dubey), W/o. Shri Rajendra Dubey, aged about 44 years, Assistant Teacher, Govt. Girls Priinary School Janakpur Ward, Kanker, District Kanker (C.G.) VERSUS : 1.' State Govt. of Chhattisgarh, Through : The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C. G.) 2. ~ The Conimissioner/Director, Directorate Public Instruction, Chhattisgarh Raipur, (C.G.) 3. District Education Officer, Kanker, District Kanker (C.G.) 4. ' Block Education Officer, Kanker, District Kanker (C.G.) ^^ 5. Treasury Officer, Treasxiry Account and Pension, Kanker, District Kanker (C.G.) 1 4 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HiGH COURTOF CHHATTISGARH : BILASPUR PETITIONER RESPONDENTS WRn- PETITION (S) N0.770S OF 2010 Ku. Anita Sharma Versus State Govt. of Chhattisgarh & Others ^ (VVrit Petition under Article 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Sstish K. Agnihotri, J. Prssenf:- 3. 4. Shri Somkant Verma, Advocaie for the petitioner. Shri N.N. Roy, Panei Lawyer for the State. (Passed on this 25"' day of January, 2011) Heard learned counsel for the parties. The case of the petitioner is that the petitioner has been appointed as Assistant Teacher on 12/07/1995 (Annexure P/1) and bef'ore joining of her semce, the petitioner has obtained her B.Ed. certificate in the year 1989 from Ravishankar University, Raipur (Annexure P/3). it is submitted that the issue invoived in the present petition is no fonger res Jntegra as the same has been finahy settied by the Supreme Couit in Asha Saxena v. Sfate of M.P. & Ors.\ It is further submitied that this Court has aiso taksn a simiiar view in iis order dated 6-2-2009 passed in W.P. (S) No.6257 of 2008. Learned counsei further submits that the order dated 29-4-2010 passed in W.A.No.124 of 2009 vi/herein reiying upon She judgment or the Supreme Court in Asha Saxena (supra) and the order passed by this Court in another W.A.No.87 of 2009, directions have been issued for consideratlon of the case for grant of two advance increments as per the circular dated 21-9-1974 issued bv the Steie of Madhya Pradesh, after verification ofthe facts pieaded in the petltion. Learnsd counsei appearing for the State submte that the case of the oetitioner would aiso be considered on the same iines; In view of the above, the petition is disposed of wifh a direction to the respondent authorities to decide the ciaim of the petitioner for grant of two advance increments as per the circuiar dated 21-9-1974 issued by the State of Madhya Pradesh and order passed in Asha Saxena (supra) after verirication of the facts pleaded in the petition v.'iti'un a period of 8 v/eeks from today. - - ___ _ _ Arun Sd/- Satish K. Agnihotri I Judge w 12Q09(!I!}MPJR(SC)59 n