IN THE HIGH COURT OF JUDICATURE AT BILASPUR . CHHATTISGARH w.P.(S) No.-:5:988 12006 Petitioner Hirdaya Ram Prayag K S/o. Shri Nargu Ram Prayag, Age( about 41 years, Asstt. Teacher, Govt Higher Secondary SchooL Bijapur Block -— Makdi, Distt. — Bastar (C.G.) VERSUS 1. State of Chhattisgarh Through—x”, The Secretary, Department of Tmh QEduoation D.K.S. Bhawan, ’ Raipur (C.G.) District Education Officer Distt.- Jagdalpur (Bastar) C.G. Assistant Commissioner Tirbai :w »Weifare Department, District —Jagdaipur (Bastar) C.G.) Block Education OfficerM” Block — Makdi, Distt. — Jagdalpur Bastar) C.G. RIT PETITION UNDER ARTICLE 226/227 \ CONSTlTUTlON OF INDIA FOR ISSUANCE OF SUITABLE WRIT X WRITS DIRECTION ETC TO DO JUSTICE IN THE MATTER. x ‘ OF THE ~ («ex ~H (,wa ,EfkW.A [ / ( W i’HIGHm COURT OF CHHATTISGARH AT BILASPUR w. P. (s) No. 5984 of 2006 Present: Deepah Pandey, Panel lawyer for the State] respondents The ent schools. In(the icourse of their services as Assistant Teac ers, they have obtained B.Ed. examjnah’on cerhhcates on their n expenses before 1,3. 1999. tju'on (S) No.9. 5984/2006, 5987/2006, 5988/2006 and 5996 2006 are being disposed of by this common order as the facts d quest'on ofW miiolved in these petih'ons are common. coo ing to learned counsel for the petitioners, the petitioners ements in View of the decision o M r Aml Smgh Rajput Advocate for the Petitioners M l ORDER (6th NOvember, 2006) ' mngLe Bench Hon’ble Mr Jusuce Satlsh K. Ayuhotri rightioners are Working as Assistant Teachers in the gove . Writ , A are e titled to two advance this Muni@‘ urt in the case-1.0};Yashwant Kumar Bharadwaj Vs. Corporation, Dm‘g'an’d another {2006 (II)'MPJR-CG 9 6 } . 3 r f Pehuotlcr : Bihari Lal Dehari ‘ Versus Respo ents State of Chhattisgarh & others “L W. P. is] No. 5987 of 2006 Peuho r : Sameer Kumar Nath Versus ’ Res State of Chhattisgarh & others W. P. (sl No. 5988 of 2006 Petltlo r : Hiniaya Ram Prayag Vemus Respo ents : State of Chhatlisgarh 8s others i And W. P. (s! No. 5996 of 2006 Peuno L . Mihir Chandra Ray Versus Respon ents Statc of Chhattisgarh & others 7“? Mmcipal T Court Corpotah'on, in the case Durg of and Yashwant another Kumar (Supra), Bhamdwaj came to the Vs. co£k21usion that the teachem, who had obtained B. Ed./B.T.1. Exa’lminah'on CeMte on their own expenses, ale coveted by the circular dated 24.12.98 (Annexum P/ 1) issued by the State Government of Madhya Pladesh. Ember in the matter of Smt. Manomma Shivasmva Vs. State of ME and othexs { 2000 (1) M.P.L.s.R. 136 } the Madhya Pmdesh State Adminishative Tribunal, Gwalior Bench, While considering the circular dated 1.3.1999 whemin, it is provided that the Assihtant Teachers, who have acquired B. Ed. deglee at their own cost between 23.10.1964 and 7.5.1973 shallbe entitled to two adv ce increments, relied on decision in the case of Rakesh K Shrivas'tava Vs. State of M.P. 8s others passed in O.A. No. 163 [99, decided on 12.10.1999 wherein it is observed that the cite dated 1.3. 1999cannot be made applicable retrospectively. Thu a teacher, may be Assistant Teacher, who has obtained B.Ed degree before 1.3.1999 is entitled to two advance incre; clients. It is 'jbointed out by learned counsel appearing for the pen‘n‘oners that e then State of Madhya Pradesh had nled a Special Leave Peti ' n against the orders passed by the Tribunal and the Hon’ble Sup I e Court dismissed Special Leave Petition No. 1999/2000 dled ainst the order of the Tribunal. Therefore, the direction to the e t that the circular dated 1.3.1999 cannot he made appli le retrospectively, passed by the Tribunal, becomes hnal and same shall be applicable to all the Assistant Teachers who have tained B. Ed. examination certificate before 1.3.1999. It is furthei‘ substantiated by a circular dated 17.10.2003 issued by the pmsent State of Madhya Pradesh wherein the circular clearly states about the decision of the Supreme Court. learned counsel for the petitioners further submits that the facts and qtlesn'on of law involved in the present case are squarely covered by decision of this Court in the case of Yashwant Kumar Bhamdwaj Vs. Municipal Corporation, Durg and another (Supra), to which learned counsel appearing for the respondents fairly Q f co es and ag‘aes with the averment made By learned counsel for the peiiiioners. , these Wn't peiitions are allowed in terms of the order in the case of Yashwant Kumar Bharadwaj Vs. Municipal Co ‘ ration, Durg and another (Supra), subject to veridcat'on of the :fact as to whether the petiu'onets have acquired B. Ed. ExaILn'nau‘on Certincate on their own expenses as per the cimulam da 24. 12. 1998 and 1.3. 1999 and further whether they have been‘paid two advance incxements or not. No order as to costs. e 8. A co of thie order be placed on record in connecyeLnLatters. r\ Sa t1S1] K Sd/. A . ’ gmll ‘ Judge otn m: '