•&a!--L. B,;21aiiyiTjl C /"/ yo IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .0 WRIT PETITION (S) No7203 / 2006 PETITIONER /.Shree. Rajesh Kumar Sharma /'^•''' §/oshri.T.P.Sharma, age, 38 years <3^^y -.^<^y L, asc, o>°..-'""9:?"" ..•••'Presendyworking as Asst. Teacher In Bizradeeh Primary school Bhatapara, Disst. Raipur (C.G) 0 ^ r^/^ sf\ '<.s< RESPONDENT;,y ^^ /' 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 OfBcer, Bhatapara, Distt. Raipur Chattisgarh WRIT PETETION_UNDER ARTICLE 226/2W OF THE CONSTITUTION OF INDIA FOR ISSUANCE QF_APPROPRIATE WRIT IN THE NATURE OFMANDAMUS, CERTIORARI ETC. XI-HC-78 *11*1<tTa»HT^i ~ssf "iiwiw^, »Tl1.y'is,Ridiyy .UP...^.).^^/^ 200^ Sll^i'l laqi (lcl(;i<s«<ff) sraiw fflN'3n^?T 02.01.2007 Shri Vinod Deshmukh and Shril Ms. Sunita Jain PL for the respjsndents/State Petitioner is working as Teach his sen/ice as Teacher, he has obtaii before 1.3.1999. fAr According to learned counsel advance inorements in view ofthe decj Kumar Bharadwai Vs. Municipal colrDoration. Dura and another reported in 2006 f2) MPJR - CG 96 wherein it obtained B.Ed., M.Ed., BTI certificates oireular dated 24.12.1998 issued by th Further in the matter of Smt.B and others reoorted m 2TOO (I Administrative Tribunal, Gwalior Berj 1.3.1999 wherein it is provided thafl degree at their own cost between 23| two advanoe increments, relied on th| Shrivastava Vs. State of Madhya Application No. 1632/1999 decided on| circular dated 1.3.1999 cannot be teacher may be Assistant Teacher, 1.3.1999 is entitled to two advanoed ir( It is pointed out by the leamej the then state of Madhya Pradesh haitl q>l<<F<1<fl-f 11*1IlTfffeI^<F»lt<K ^arf^q'W^T Vivek Verma counsel for the petitioner. ^r in Government School. In the course of ied B.Ed. certificate at his own expenses the petitioner, petitioner is entitled to two sion of this Court in the oase of Yashwant has been held that the teaohers having at their own expenses are oovered by the 3 State Government of Madhya Pradesh. lanorama Shrivastava Vs. State of M.P. ) MPLSR 136, the Madhya Pradesh |ch while considering the cireular dated the teachers who have acquired B.Ed. 110.1964 and 7.5.1973 shall be entitled to te decision in the case of Rakesh Kumar pradesh and others passed in Original 12.10.1989 wherein it is observed that the ijnade applicable retrospectively. Thus, a [who has obtained B.Ed. degree before lcrements- 1 counsel appearing for the petitioner that filed a Special Leave Petition againstthe XI-HC-78 flTHCTT^Wqi TE? •^WMf, B>Tn.*f'IS, Rtcllti^ ^^... U'P. .c?)..^A^y^. 2Q(^ 3TI^?T<4att> (>icl(^°<<^iT) •ni^T^irf^iR; craT3[RWsti41* ?) S^cITWHfScT'W^T ^2- ttte orders passed by the Tribunal and Special Leave Petition No. 1999/20C|Q Therefore, the direction to the effeot made applicable retrospectively, passf same shall be applicable to all the B.Ed./BTI certificates before 1.3.1993. dated 17.10.2003 issued by the pres^ oiroular clearly states about the decisic|n Hon'bte Supreme Court dismissed the filed against the order of the tribunal. tfiat the circular dated 1.3.1999 cannot be >^d by the Tribunal, beoomes final and the Assistant Teachers, who have obtained |. It is further substantiated by a circular ^nt State of Madhya Pradesh wherein the ofthe Hon'ble Supreme Court. Learned counsel for the peti(ioner question of law involved in the preser|t by the decision of this Court in the ca^e to whiofi learned oounsel appearing fo| agrees with the averments made by le^rned Accordingly, the writ petition Court in the matter of Yashwant Kuailnr fact as to whether the petitioner h^: expenses as per the circular dated 24| he has been paid two advanoe incremj c»>i<iFci41-iiwftTfffeifl'<Ri(<ii< ^sri^iTsn^r further submits that the facts and case of petitioners are squarely covered of Yashwant Kumar Bharadwaj (supra) the respondent/State fairly conoedes and counsel appearing for thepetitioner. s allowed in tenns of the decision of this Bharadwaj subject to verification of the >s acquired B.Ed. certificate at his own 12.1998 and 1.3.1999 and further whether ints or not. No order as to costs. ^^ ^ ^ ^ ^ P.T.O.