IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No.é’é 3(12006 PETITIONER : Direeb Singh Chandravanshi / S/o Shri Sada Ram Chandravanshi Age about 42 years, Asstt. Teacher, Govt. Primary SchooL Padramtola J9 Block- Chhuriya, Distt: Rajnandgaon (C.G.) VERSUS RESPONDENTS : 1. State Govt. of Chhattisgarh Through :Secretary, School Education Department, Mantralaya at D.K.S. Bhavan, Raipur (C.G.) District Education Officer Rajnandgaon (C.G.) Block Education Officer Block- Chhuriya, Distt.- Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226%? OF THE CONSTITUTION OF INDIA XI—HC-78 @ Wmooo.o‘o‘§0§too:.oh.‘o w‘P‘Mza gégs/a, a1 200 W W , W , W Wm (W) WWW mmm WW§§$W mmmm é g w m ‘ $6.12.2006 Shri Rakesh Anthony counsel for the petitioner. Smt. Anju Ahuja G.“ for the respondentiState. Petitioner is workirg as Teacher in Government School. in the course of his service as Teacher, he has obtained B.Ed. certificate at his own expenses before 1.3.' 999. According to teamed counsel for the petitioner, petitioner is entitled to two advance increments in View of the decision of this Court in the case of Yashwant Kumar B adwaj Vs. Municipal corporation, Durg and another reported in 2006 ( ) MPJR - CG 96 wherein it has been held that the teachers having obtai ed B.Ed., M.Ed., BTI certificates at their own expenses are covered b the circular dated 24.12.1998 issued by the State Government of Mad ya Pradesh. Further in the matt r of Smt. Manorama Shrivastava Vs. State of M.P. and others reported in 2900 (1) MPLSR 136, the Madhya Pradesh Administrative Tribunal, alior Bench while considering the circular dated 1.3.1999 wherein it i provided that the teachers who have acquired B.Ed. degree at their own ost between 23.10.1964 and 7.5.19?3 shall be entitled to two advance in rements, relied on the decision in the case of Rakesh Kumar Shrivasta a Vs. State of Madhya Pradesh and others ion No. 1632/1999 decided on 12.10.1999 wherein it is observed th t the circular dated 1.3.1999 cannot be made applicable retrospectively. hus, a teacher may be Assistant Teacher, who has obtained B.Ed. degre before 1.3.1999 is entitled to two advanced increments. passed in Original Appl i h r w t XI—HC-78 @ WW,WWF¢IW . Ww.245S/5é E 200 WW (13W) WWW WWW WWW§WW WWW 1 %31f%q311%¥r ' 3‘, it is pointed out by the learned counsel appearing for the petitioner that the then state of Madhya Pradesh had flied a Special Leave Petition against the orders passed by the Tribunal and the Hon’ble Supreme Court dismissed the Special Lea Petition No. 1999/2000 hled against the order of the tribunal. Therefo e, the direction to the effect that the circular dated 1.3.1999 cannot be m de applicable retrospectively, passed by the Tribunal, becomes final a the same shall be applicable to all the Assistant Teachers, who h ve obtained B.Ed./BTI certiftcates before 1.3.1999. lt is further substa iatecl by a circular dated 17.10.2003 issued by the present State of Madh a Pradesh wherein the circular clearly states about the decision of the Hon le Supreme Court. Learned counsel for th petitioner further submits that the facts and question of law involved in he present case of petitioner are squarely covered by the decision of his Court in the case of Yashwant Kumar Bharadwaj (supra) to wh h learned counsel appearing for the respondentlState fairly conce es and agrees with the averments made by learned counsel appearing fo the petitioner. Accordingly, the writ etition is allowed in terms of the decision of this Court in the matter o Yashwant Kuamr Bharadwaj subject to verification of the fact as to whether the petitioner has acquired B.Ed. certificate at his own expens s as per the circular dated 24.12.1998 and 1.3.1999 and further whethe he has been paid two advance increments or not. No order as to costs. Dhirendra Mish‘a Judge P.T.O. v n