^^a-ss,! ^ ?^T^^;i »1 '&3(£S'?'l^^i» i^^.-^'S^^ : f^ ra ^- IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .0 WRIT PETITION (S) N0*7 20^ /2006 PETITIONER ^.'..••••<rii.T.-' ^y- RESPONDENT s --& -Sh-Fee. Shailendra Namdeo S/o shri, D.S.Namdeo age, 40years Presently working as Asst. Teacher In Tikulia, Primary school Bhatapara, Disst. Raipur (C.G) 1. State of Chattisgarh Through -Secretary Deptt. Of Education Mantralya D.K.S.bhawan, Raipur.(C.G) .2. District Education Officer, Raipur, Distt. Raipur, Chattisgarh. 3. Block Education Officer, Bhatapara, Distt. Raipur Chattisgarh WRIT PETETION UNDER ARTICLE 226/^^-OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE _WRIT IN THE NATURE ^NDAMUS, CERTIORARI ETC. XI-HC-78 *<1*<WI sh*l 3^''<<i<ii(i<<,OTHt<'is, Ri^iyy ^.^f.7 2.^^^ 200 3TI^?TTg^T('^3^8T) sn^rqir^ri?; (reT3TI^Tst)li't) SRiTWBfersn^T 02.01.2007 Shri Vinod Deshmukh and Shr Ms. Sunita Jain PL for the re sptsndents^tate. Petitioner is working as Teaoh his service as Teacher, he has obtai before 1.3.1999. >r in Govemment School. In the course of (ied B.Ed. certificate at his own expenses According to learned oounsel fij advance inorements in view ofthe Kumar Bharadwai Vs. Municipal cclrporation. Dura and another reported in dedision 2006 (21 MPJR - CG 98 wherein it obtained B.Ed., M.Ed., BTI certificates circular dated 24.12.1998 issued by th Further in the matter of Smt. and others reoorted in 2000 ( Administrative Tribunal, Gwalior Bei| 1.3.1999 wherein it is provided tha( degree at their own cost between 2; two advance inorements, relied on tl1 Shrivastava Vs. State of Madhya Application No. 1632/1999 decided or| circular dated 1.3.1999 oannot be teacher may be Assistant Teacher, 1.3.1999 is entitled to two advanced ir| It is pointed out by the learne|d the then state of Madhya Pradesh ha(J 'oKifci'fl'i ii>iCTTiftei^t<Ri+tii< ^sri^iTan^T Vivek Verma counsel for the petitioner. t>r the petitioner, petitioner is entitled to two of this Court in the case of Yashwant has been held that the teachers having at their own expenses are oovered by the s State Govemment of Madhya Pradesh. flanorama Shrivastava Vs. State of IVI.P. t MPLSR 136, the Madhya Pradesh toh while oonsidertng the ciroular dated the teachers who have acquired B.Ed. [10.1964 and 7.5.1973 shall be entitled to |e deoision in the oase of Rakesh Kumar pradesh and others passed in Original 12.10.1999 wherein it is observed that the (nade applioable retrospeotively. Thus, a who has obtained B.Ed. degree before :rements. counsel appearing for the petitioner that fjled a Spec|al_Leave Petition agqinst the XI-HC-78 Sll^TT %T (^•)i* crar 3iR?r g^rra; v^ *11+1^1 sh*ll<t) 3:5T '<ll<llct<l, BTfi.^'KS, fs|dlti^< ..Wf..72,9.5./.?.^. ^R; 200 3ll^l >ia<») (>i,c:li^st^liT) ?^ITWHf^(T3n^T ^ orders passed by the Tribunal anc) Special Leave Petition No. 1999/^000 Therefore, the direction to the effed made applioable retrospectively, pa|ssed same shalt be applicable to al B.Ed./BTI certificates before 1.3.1$ dated 17.10.2003 issued by the pr^s ciroular cleariy states about the decj the Hon'ble Supreme Court dismissed the filed against the order of the tribunal. tt that the cjrcular dated 1.3.1999 cannot be by the Tribunal, beoomes final and the Assistant Teachers, who have obtained p99. It is further substantiated by a circular ^sent State of Madhya Pradesh wherein the ^ion ofthe Hon'ble Supreme Court. tlhe Learned counsel for the p| question of taw involved in the pre^ by the decision of this Court in the| to which learnaJ counsel appearin^ agrees with the averments made by| Accordingly, the writ petitic|n Court in the matter of Yashwant faot as to whether the petitioner| expenses as per the oiroular dated he has been paid two advance incr^n ^rata^T wiRff if iWf-tRRzre ^a'ri^crsn^r stitioner further submits that the faots and >ent case of petitioners are squarely covered case of Yashwant Kumar Bharadwaj (supra) for the respondent/State fairly oonoedes and learned counsel appearing for the petitioner. is allowed in terms of the decision of this Kpamr Bharadwaj subjeot to verifioation of the has acquired B.Ed. certjficate at his own 1124.12.1998 and 1.3.1999 and further whether incrtments or not. No order as to costs.- ^:^,^ ^^^ ^ P.T.O.