a^.a Qivision c ^ ^0° 1 IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Appeal No iz^ 72005/ AppeUajats Petitioners ^•^'; •P V--,>W^.'-'"" .-• 23SS-"" ^ •'".^"-l' ^\). ^y> .••-•" y{^' / 1) Ku. Pratishtha Shukla D/o Shri N.D. Shukla aged about 40 years Lecturer Govt. Adarsh Girls Hr. Secondary School Durg District Durg (C.G.) / 2) Smt. Sandhya Chandrawanahi W/o Shri Shashikant Chandrawanshi, Aged about 44 years, F'resently posted as Leeturer Govt. AdarAa- Giris- Higher Secondary School Durg District Durg (C.G.) ^) Smt. Cfopi Rani Siriah (Before Marriage Ku. Gopi Rarri Nildiare) W/o Shri Pramod Kumar Siriah, Aged about ,48 years, Lecturer Govt. Adarsha Girls Higher Secondary School Durg District DurgfC.G.) / 4) Smt. An.ma Shrivastava (Before mamage Ku. Aruna Saxena) W/o Shri P.K. Shrivastava, Aged about 50 years, Lecturer Govt. Adarsha Girls Higher Secondaiy School Durg Distnct Durg (C.G.) 5) Smt. Shivani Banerjee (Before marriage Shivani Bhattachaiya) W/o Shri Shushanto Banerjee, Aged about 45 years, Lecturer Govt. Bfaarti Higher Secondaiy>; ^ School Arjunda, Gundardehi District Durg (C.G.) (Non applicant of Revieiv petition No.20/2008) / 6) Siut. Rajkuniari (Deshmukh) Now Dimwar W/o Shri N.K. DiUiwar, Aged about 45 years, Assistant Teacher Prunary School Kolihapuri, Tahsil and District Durg (C.G.) fJVbn applicant of Review petition No. 19/2008) Respondents 'e9''^^—'^-^,/' '^SfaWSS^ / /•' VERSUS I. State ofChIiattisgarh Through : The Secretary School Education Departinent Ministry D.K.S. Bhawan, Raipur Distt Raipur (C.G.) 2. Director of Public Instruction Raipur (C.G.) 3. District Education Of&cer District Durg (C.G.) 4. District Education OfScer District Rajnandgaon(C.G.) 5. Tej Pratap Singh S/o Shri Indrajeet Singh, Aged about 51 years, Lecturer Govt. Higher Secondary School Kumhari Distnct Durg (C.G.) Shambhoo Nath Pandey S/o Late Shri Dhruwdev Pandey, Aged about 50 years, Lecturer Govt. r rffl^ Higher Secondary School Kumhari District Durg (C.G.) ,7. Smt. Brigit BhaUa (Before marriage Ku. Brigit Toppo) W/o Shri Manjeet Singh Bhalla, Aged about 43 years, Lecturer Govt. Higher Secondary School Khamhariya, Junwani, District DurgfC.G.) 8. Siat. Sapana Chattarjee (Before marriage Ku. Sapana Mukharjee) W/o Shri. Anup Kumar Chattarjee, Aged about 51 years, Lecturer Govt. Higher Secondary School Kumhari District Durg (C.G.) ^9. Tikam Singh KoUie S/o Shri Baldev Raai KoUie, Aged about 43 years, Lecturer Govt. Higher Secondary School Teniri, Nandghat, District Durg (C.G.) WRITAPPEAL UNDER SECTION 2(1) OFCHHATTISGARH HIGH COURTAPPEAL TO DIVISION BENCH ACT^006 Beiag aggrieved by fhe order dated 03/03/09 passed by the leamed single Judge in Review petitipn(C.) No.20/2008, 19/2008 the appellants/petitioners preferred this instant appeal on foUowing facts and grounds; i' '3,'7- HI6H COURT OF ©HHi4tTiS6»RH^I^BILASPyft ' - :;^^I^SliONSiBBISICI-ti::;:.w,,:;'' •„:•.;';-1: • HON^LE^Hl^WjWsQte>&E>ySI & HON'BLE SHRI PKASWt^ K<^ WRITAPPEALN01240F2009 Petitioner ResDondents Vs Ku.Prd-t-jshthd Shukla(& 0-ffieps State of C.&. and o3thers. Present: :, 1 •: :. , ; - ;::.•.:::..' •../':^' '';; v:^'' ;.;;,;••. 1'' Mr. Ajay Shrivastoya, Adyocal^ for th^^ Mr. Arvind Dubey, P.1... forfhe State. ORAL JU&ettENT (Passedon 29th AprH. 2010) I.tt. Quddusi; J; l;~'Heard.: . :;,''•.;'1:.;. •-.•'. • ', • '. 1:' 2. This matter js sqyarely cQvered by the o 04.03^2010 pasSed;bythisCourtmWr filed against •t'he i mptigned orcler doi-fed Q3,03.200? passed by the learne4 Single Judge in^l^^w Petition No.l7/2p08. The :<a||g(,^:^.;^:^^::'^'-;y';,:'^'-^ qperative pari- of or<^r dated"0%s03,201p is quoted her below;- \ .. ' • ' ^ • • ':: . . -' • :: ' U5) The appellants hsrein^arid th? responrfents No. 6 to 9 filed Wrjt Petition (5} No.697 of 2007 and the sa^ was disposed of jn the terms of deciSion jn th of yashwant Kutnar , Bhapadwaj ys. - ^Munjcipal • Corporation. t>urg & an^h^r. r^ ttPJR C& 96, with an observdtion that th has also pomted Quf^^t^'i^rcii^''^dgt^.^^ (Annexure P/l) whereunidter aceor^ing tt^f^ the petitioners, who had obtainecl B.Ed. Exami^ Certificates before appojntment, are glso entitled^ two advance increments; su|:>je<;t, to^^^^ -^^- ! r-^^-S"^,.' ;^!i'3^'^'^iE the facts as to wheth^r the-^ pefitiorier ; hod acqu ired B.Ed, certificate at his own expenses as per cireulars dated 24-12-1998 and t-3-1999 and further wKether he has been pajd two advgnce increments pr npt. Ho^ by the [mpugnecl order, the order aforesajd has been recalled and it has been pbseryed that; it was' wrongly held that the aforesajd writ petitjons were covere^^^ the decisjpn in yashwant Kuwar' Bharadwaj (supra) whereas the issue involved jn yashwant Kumar Bharadwaj (supra) was not with regard to those teachers who had obtained B.Ed./M.Ed./B.T.I./O.Ed. examjnation certjfigates pciorto enti'y in the ^ervice. 6) In the matter of Asha Saxena (supra) the appellant was appointed as a L.ecturer in the Sovemment^ School, on 19-9-1981. Prior to entry into the service, she had acquired B.Ed. degree jn the year 1972. She claimed two advance iricrements on the basis of ^ the State fiovernmenton 21-9-1974. Howeyer, she was denied the said benefit. l-1er original applicdtion was allowed by the 5tate Adwmis'tratwe Triburial and the respondents were dif'ected to grant two advance increments to the appellarit. 1-loWever, the wnt petition of the State 6overnment was allowed and it was held that the petitioners who hQcl acquired their B.Ed./B.T.I degree before entering jnto service would not be &ntit!ed to the benefit of two advance increfflents, having regard to amenclment of the Rules with effect from 17-6-1993. 7)Allowing the appeaf, the Sup'rieme Court held that on the date when the appellant was appointecl, the circular dated 21-9-1974 wasverymuchinforceand'd^ that the appellant was entitled to the benefit of t'he ci rcu lar dated 21-9-1974. In the instan+ case also, the ^ %^=S^?^^^-Aiflaisi 3 appellants acquired B.Ec). degree priar' to thejr^^^^W :into service.. :. : ': . • 1 : - •:'1'':',;:::. • :',': 8) ^e.pinQ invi^ ^K^dQmsTrt of^^^^ In the matter of Asha Saxena (supr^, w^ ORinion •t'hat the instant wrrt appecil des^rves^^^^^^^^t^ allowed. ACcordjngly, we a)tow the^ppe<il drid^se^ theimpugnedorderdated 3-3-2009. VV&^^^^ Writ Petition (S) ^97 of Z007 filed by tli^appellants in terms of ^he decisi<?n of Hotfble *he Supreme Court in the matter of Asha Saxena (supra) and clirect the^ respondents No 1 to 5/State to ccmsider ^ claim of the appellants ^or two advance incr^fflents^^^^^a^ per CtRC^ar dc^ed 2t-9-i974 ^ssued b'f the State of M.P., af't'er ^ yerific:ation of the facts pleaded in the . petifion'withina period of eiglTt we^ 3. Accordingly, the instant writ ap is atso clisposed o'f in terms of fheabove qyoted or'der. 4. Certi-fied copy as per rules, sd/- I.M.Quddusi Judge Sd/1- . ^ Pi'ashant Kumar Mishra i, y ^Judge : ; ! \~\ JEgji;i-}^^^^5i.^S^r •\::'v:. '..•'•• '••^" .lr£,s..i-Sfr,W: