u % 3. . ^ ^^^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION fS) N0. s:1'^ 1 / 2006 PETITIONERS ^ ^* . \"1° ..•••J^y .,•- ' ^'.<^'^ ,4^..-/'Ww"" 2. /;^v" / ^- Rajesh Kumar Kannoje S'/o Gopal Prasad Kannoje Aged about 39 years Assistant Teacher . Govt. Higher Secondary School Dongargarh, Dist- Rajnandgoan (C.G) Yodha Singh Rathore iS/o Late Satruhan Singh Rathore Aged about 44 years Assisfant Teacher ' Govt. Middle School, Sendari Dongargarh, Dist- Rajnandgoan (C.G) ^ y"" u^ t^ . ^' /-4. •^yy Suresh Kumar Sahare S/o Late Raghunath Sahare Aged about 41,'years Assistant Teacher Govt, Middle School, Bacherabhatta Dongargarh, Dist- Rajnandgoan (C.G) Narayan Prasad Sukla • S/o Kamal Nayanacharya Shukla Aged about 50 years Assistant Teacher Go\'t. Priinary School, Latmarra, P.0- Devkatta, Dongargarh, Dist- Rajnandgoan (C.G) Satruhanlal Sahu S/o Panc'hram Sahu ' 2- s' Aged about 44 years ^AssistantTeacher povt. Higher Secondary School Musra, P.0- Musra, Dongargarh, Dist- Rajnandgoan (C.G) VERSUS RESPONDENTS 1. StateofChhattisgarh Through Secretary, Department of School Education, D.K.S. Bhawan, 'Raipur (C.G) 2. Director Public Instruction ofEducation Near Education Board office Raipur (C.G) 3. Secretary Finance Department, D.K.S Bhawan, Raipur (C.G) 5. District Education Officer Pt.ajnandgoan Dist- Rajnandgoan (C.G) Block Education Officer Dongargarh Dist- Rajnandgoan (C.G) 6. ,Principal Go\'t. Boys Higher Secondary School Dongargarh, Dist- Rajnandgoan (C.G) 3 WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION Q] INDIA FOR ISSUANCE OF A SUITAyiE iWRIT ORDER OF DIRECTION TC DQ JUSTJCE INTHEMATTER. '^ ^ HI6H COURT OF CHHATTTSeARH AT BILASPUR '. P. (s) No. 5171 of 2006 Petitioners Rajesh Kumar Konnoje & others Versus \- State of ChhatKsgarii & others Siiyfs Bench: Hon'ble Mr. Jus-tice Sstjsh K. Agnihotr'i. Shri H.S. Ahluwalia, Adyocate for the Petitioners. Shri Sumesh Bajaj, ©ovt.Advocate for the State/reSi OR_&E_ft (3rd October, 2006) 1. Leamed counsel appeanng for the petitioners submits that while working as Assistant Teachers, the petitioners 1, 2, 3 and 5 have gone on traini'ng to improve tfieir qualifications on their own expenses and acquired B. Ed. Examination Certificate on 14.7.1992 (Anne>wre P/2) from Barkatui!ah Vishwavidyalaya, IhopaS aid the petitioner No. 4 has acqulred B.T.I. Examinatjon Cer+ificnte in 1+ie year 1994 fr-om tiie Board of Higher- Secondary Cducation, AAadhya Pradesh, Bhopal (Annexure P/3). 2. Accord'ing to leamed counsel for 1+se petitioners, the petitioners are entitled to two advonce increments in view of the decision of th's Court in the case of Yashwant Kumar Sharadwaj Vs. AAunictpal Corporation, Qurg and aiother* (2006 (II) WJK-CS 96). This Court in the case of Yashwant Kumar Bhanadwaj Vs. AAunicipal Corporatjon, t)urg and ano#ier (Supra), came to the conclusion fhat the teachers, who had obtained i. Ed. /B.T.I. Examination Certificate on his own expenses, are covered by the circu!ar da+ed 24.12.98 (Annsxure P/4) issued by the State ^ovemment of A^adhya Pradesh facts and questson of law invotved in the present case are squnrely covered by decision of ttiis Court in the caa of Yashwant Kumar Bhnradwaj Vs. A4.unicipal Corporstion, &urg ond another (5upra), to whlch tearned counse! appearing for the respondents fair'y concedes and agrees with the averment made by !eamed counsei appearing for the petitioners. Accordingly, the writ petition is ajbwed m terms of tiie order passed in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), aibject to verification of 1+ie fact as to whether tiie petitioners have ocquired i. Ed./B.T.I. Examination Ceri-ificate on the'r own expenses have been oaid •e. increments or not. No order 'as to costs. Sdf- Satish K. Agnihotri Judge Bablu