V '^' l-il' ^ XN THE HIGH COIJRT OF CHHATTISGA^ AT BXLASPim 'ttmrTPEmTION(S)NO.^<>F200^?- PETITKWBR : ^ JitendralKumar S/o. Shri I^war PTasad a^ed abaut 45 years, Owupa^sm - Servipe, Posted as Lecturer R/o. Oovt. Middle H.S. School, Jasfapw- Na^ar Distt.- Jashpur (C,G.) i • VERSUS ! RESPONIM»ITS 1 Tlie State of CNiattisgarii, ^sS^ iSW--;:"A .'......-^1"" ^ ^A""" ^••aa"" ^ y ^^y ^ ^^ ^- Throi.igfci the Secretary Department ofSchoolBducation, D.K.S. Building, Raipur (C.Cr.) The Assist&nt Commijssioner, Tribal Developmeiit Jashpur Pistt.' jlhpur(C*G.) 3. District Education o^cer, Jashpiir Distt.- Jashpur (C.G.) 4. The Director of $>ubUc Instruction pension ^ada Raipur, Distt.- Raipur W PETmON U^^26 OF THE GONSTYEUTION OF INDIA FC»R-^si@^^ or ^RO^^^ DIRECT!^ORDES"¥0DO JUSTICE IN TH^ MATFER IIIGI COURT OF CHHATTISGARH AT BILASPUR W. R (Sl No. 56 of 2007 Petitioner : Jitendra Kumar Versus Respoudents : The State of Chliattisgarh & ofhers Sin^le Bench: Honlale Mr. Justice Satisli K. Agiiihotei. Shri Parag Kotecha, Advocate for fhe Petitioner, Shri Arvind Dubey, Ponel lawyer for the State/respondents. ORDER ( F^sscd on this 1Sthday of»Januaiy,2007) 1. The petitioner is working as Lecturer in the Goveniment Middle Higher Secondary School, Jashpur Nagar. The petitioner obtaiaed B. Ed. Examiaation certi&cate in fhe year 1984, on his own expenses, 2. According to learaed counsel for fhe petitioner, fhe ^titioner is eutitled to two advance incremeats in view of fhie decision offh.is Court in the case of Yashwaat Kumar Bharadwaj Vs. Muni<dpal Corporation, Dwg and aaother {2006 (II) MPJR-CG 96). This Court in the case of Yashwaat Kumar Bharadwaj Vs. Municipal Corporation, Durg and anofher (Supra)^ caaie to the conclusion fhat fhe teachers, who had obtaAaed B. Ed, /B.T.I, Examination Certificate on fheir own expenses, arc covered by fhe circular dated 24.12.98 (Annexurc P/7) issued by the State Govemment of Madhya Pradesh, 3. Furtlier ia the matter of Smt. Manorama Slurivastava Vs. State of M.P. aad others { 2000 (1) M.P.L.S.R. 136 } the Madhya Pxadesh State Admmistrative Tribuiial, Gwalior Bench, whfle &-L.. considermg fhe circular dated 1.3.1999 whercin, it is provided fhat fhe Assistant Teachers, who have acquired B.Ed. degrce at their own cost between 23. 10.1964 and 7.5.1973 shatt be entitkd to two advaace incrcmients, relied on decision ia fhe case of Rakesh Kumar Shrivastava Vs. State of M.P. & others passed in O.A.NO. 1632/99, decided on 12.10.1999 wherem it is observed fhat fhe circular dated 1.3.1999 cannot be made appUcable retrospectively. Thus, a teacher, may be Assistant Teacher, who has obtained B.Ed. degree beforc 1.3.1999 is entitied to two advance incrcments. It is poiuted out by leanied counsel appearing for fhe petitioner that tibie fhea State of Madhya Pradesh had iiled a Special Leave Petition agauist fhe oxders passed by fhe Tribunal and the Hon^ble Suprcme Court disniissed Special Leave Petition No. 1999/2000 filed agauist the order of fhe Tribunal. Thereforc, fhe direction to fhe effect that Ifae circular dated 1.3.1999 cannot be made appUcable rctrospectively, passed by fhe Tribunal, becomes final aad fhe same shall be appUcable to all fhe Assistant Teachers who have obtafciied B.Ed./B-T.I. exauunation certi&cate before 1.3.1999. It is further substantiated by a circular dated 17.10.2003 issued by the prcsent State of Madhya Pradesh wherein fhe circular clearly states about fhe decision of fhe Supreme Court. Learaed couiisel for fhe ^titioner further submits tfaat fhe facts aad questioii of law involved in the present case are squarely covered by dedsion of this Court in the case ofYashiront Kumar BluursulwaJ Vs. Municipal Corporation, Durg and another (Supra), to which learaed counsel appearing for fhe respondeats ff fairly concedes aad agrces wifh the averment made by learaed couxisel appearing for fhe petitioner. 6. Accordmgly, fhe writ petitbn is attowed in terms of fhe order passed m the case ofYa»hwantKumar Bharadw^j Vs. Mualcd^d Corporatioa, Durg attd aaotlier (Supra), subject to verification of the fact as to whefher fhe petitioner has acqiiired B. Ed. Examiaation Certt&cate on his own expenses a^ per fhe circulars dated 24.12.1998 & 1.3.1999 and further whether he has been paid two advaace iacrements or not. No oider as to costs. Thakur Sd/- Satish K. Agnihotri Judge