f^ & c ^ o' / ^l IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W. P.(S). N0.6~?^2_/2006 PETITIONER ^ ^c^^-^^ofo o^ A^ ..i^^c^ fe^-0-' ^w EMAN LAL CHANDRAKAR Ageabout48year, S/o Shri Bhukhan Lal Chandrakar Asstt. Teacher, Village- Sisdevry Post. Sisdevry, Block-Palari Distt. - Raipur (C.G.) cv RESPONDENT VERSUS ^ 1. 2. State Govt. ofChhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) District Education Officer Raipur, District-Raipur(C.G.) Block Education Officer Palari, District-Raipur(C.G.) ^ (?- WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA 3. XI-HC-78 XI-HC-78 sn^r^r^iR? (IS?T sn^r st>*)i<t) *ii*icn a»*rrai d l •<ll<llrtq, »Tfi<-('l$,Rdltiy • «'** • •'»»*^< »»*»*•** «/•»^ 200 W^TTi^cn (lcif3<a<<ff) CTmwHfscTsn^r 11.12.200S Shri Somkant Verma, Smt. Anju Ahuj'a G.A. for • The petitioner is workir Sohool. In the course ofhis serv obtained B.Ed. certificate at his o According to learned couf two advance inorements in view coufisel for the petitioner. Ipie respondents/State. )g as fesistant Teacher in Government |ce as Assistant Teacher, the petitioner lias |wn expenses before 1.3.1999. |sel for the petitioner, petitioner is entitled to lofthe decision ofthis Court in the case of Vs^ Municipal corDoration. Dura and another reported in 2006 (2} fi Certificye Yashwant Kumar Bharadwaj Vs[ (supra), came to the conclusii| B.Ed./B.T.I. Examination the circular dated 24.12-1998 is|i Pradesh. Further in the matter of M.P. and others reported in Administrative Tribunal, Gwalior| 1.3.1999 wherein it is provide} acquired B.Ed. degree at their dp shall be entitled to (wo advanct case of Rakesh Kumar ShrivA others passed in Original Applic,| wherein it is observed that th^ applicable retrospectively. Thus,| has obtained B.Ed. degree be| increments. wrfwfrr wicff ^'fec^ dSreeir ^sif^rsn^r PJR - CG_96. This Court in the ease of Municipal Corporation, Durg and another n that the teaohers, who had obtained on their own expenses, are covered by ;ued by the State Govemment of Madhya ;mt, Manorama Shrivastava Vs. State of 2(00 (1) MPLSR 136, the Madhya Pradesh Bench while considering the ciroular dated that the Assistant Teachers who have wn cost behween 23.10.1964 and 7.5.1973 increments, relied on the decision in the istava Vs. State of fi/Iadhya Pradesh and ition No. 1632/1999 decided on 12.10.1999 ciroular dated 1.3.1999 cannot be made a teacher may be Assistant Teacher, who ore 1.3.1999 is entitled to two advanced P.T.O. XI-HC-78 sn^TqiT^ri'f; praTW^Tgww HI*IMI sh*irei 3^''<INIM<1, »Tllwi(o,|s|cltti^< ..^.^Q..4.7.K.W§A ^ 200 3ii^?T<raw ('pi^^r) s^nwafwsn^r !t is pointed out by the| that the then State of IWadhyi against the orders passed by dismissed the Special Leave F) ofthe tribunal- Therefore, the 1.3.1999 cannot be made appli| becomes final and the samf Teaohers, who have obtainedl further substantiated by a circ( State of Madhya Pradesh wl| deoision ofthe Hon'ble Suprerrl Learned counsei for th< question of law involved in oovered by the decision of Vf Bharadwaj (supra) to whii| respondent/State fairly concecji learned counsel appearing for ff Accordingly, the writ f^ this Court in the matter ofYas ofthe tact as to whether the ^i own expenses as per the circu| whether he has been paid lwi|i costs. the 'hi<fFci41-f iitic'iTfffetil'i.RiwK. ^> aiRrir sn^T llearned counsel appearing for the petitioner Pradesh had flled a Special Leave Petition |he Tribunal and the Hon'ble Supreme Court jetition No. 1999/2000 (lled against the order Idirection to the etTect that the circular dated |sable retrospectiveiy, passed by the Tribunal, shall be applioable to all the Assistant B.Ed./BTI certificates before 1.3.1999. It is ilar dated 17.10.2003 issued by the present ^erein the circular ctearly states about the leCourt. petltioner lurther submits that the facts and present case of petitioner are squarely lis Court in the case of Yashwant Kumar ^h learned counsel appearing for the ^s and agrees with e averments made by petitioner. btition is allovred in terms of the decision of iwant Kuamr Bharadwaj subject to veriiication letitioner has acquired B.Ed. certificate at his ar dated 24.12.1998 and 1 .3.1999 and lurther advance increments or not. No order as to itie Sd/- Dhirendra Mishra Judge P.T.O.