S.B. (Service Matter! IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR CHHATTISGARHI WRIT PETITION NO.%( g f? /2006. PETITIONER: (Ravandra Singh Gautam, son of Kumar Singh Gautam, aged about 32 years, Asst.Teacher Go'vtPrimary School, Karesara, Block Development and Tahsil Saja, Dist. Durg, Chhattisgarh. ERSUS Respondents } State of Chhattisgarh, Through The Secretary School Education Department Ministry D.K.S.Bhawan, Raipur, Chhattisgarh. Director of School Education Office, , ‘, D.K.S.Bhawan, Raipur, Chhattisgarh. ,.. KThe District Education Officer, Bemetara, Through Block Development Education Officer, Saja, Durg, Chhattjsgarh. W? WRIT PETITION UNDER ARTICLE 226 [Q%? OF THE V CONSTITUTION OF INDIA XI—HC—78 W WW was W . ”Haw/agéi 200 mm (W) WW§WW WWW ' $Wanésr WWW WWW 02.01 .2007: The petitioner is working as Assistant Teacher in the Government School. in the course of his service a$ Assistant Teacher, the petitioner has obtained D.Ed. cem’ficate at his own expenses before 1.3.1 999. Learned counsel for the peitioner submits that the ’Basic Training lnstitute' (BIL) certificate has be n renamed by the order of the State Government as ‘Diploma in Education (D.Ed.) certificate. The petitionerwho has obtained DEd. certificate prior to 1.3 1999 are entitled to the same relief as is granted to the candidates who'ha‘d ob ained B.T.l./B.Ed. certmcates on their own expenses as per the circularsdated 2 12.1998 and 1.3.1999. Learned Deputy Advocate Ge eral, appearing for the respondents/State, produced a copy of the memo dated 12.12.2006 issued by the Director, Public instructions, Chhattisgarh, notice d ted 2811995 issued by the Secretary, Board of Secondary Education, Bh pal, and the prospectus of Diploma in Education Examination and submits t at the nomenclature of the Basic Training institute i.e. B.T.l. has been rena ed as Diploma in Education i.e. D.Ed. Learned counsel appearing for the ate also produced a copy of the circular dated 24.121998, issued by the Sch o! Education Department, Government of Madhya Pradesh, Bhopal, aHowing t o increments to the teachers who have obtained BEdw MEdi, B,T.i. examina ion certificates. two advance increments in View of he decision of this Court in the oasefLF,/ Shri O.P.Sahu learned counsel for the petitioner. Shri Somesh Bajaj GA for the respondent/State. Heard. According to learned counsel f r the petitioner, the petitioner is entitled to t XI-HC-78 HW,W€,W 1mmW w R.7.zz.3./.o.g a1 200 WW (W) WWW mmm WW%‘WW mmwm é a w m ' Yashwant Kumar Bharadwai Vs. Municigal Corgoration, Durg and another {2006 (ll) MPJR-CG 96}. This Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (supra), came to the conclusion that the teachers who had obtained B.Ed./B.T.l. Ceiiificate on their own expenses, are covered by the circular dated 24. 12.1998 (Annexure P7) issued by the State Government of Madhya Pradesh. 5. Further in the matter of Smt. Manorama Shrivastava Vs. State of M.P. and others {2000(1) MFLSR 136} the Madhya Pradesh State Administrative Tribunal, Gwalior Bench, while considering the circular dated 1.3.1999 wherein, it is provided that the Assistant Te hers; who have acquired BEd. degree at their own cost between 23.101964 d 7.511973 shail be entitled to two advance increments, relied on decision in t e case of Rakesh Kumar Shrivastava Vs State of MP, and others passed in .A No. 1632/1999, decided on 1210,1999 wherein it is observed that the circul r dated 13.1 999 cannot be made applicabie retrospectively. Thus, a teacher ma be Assistant Teacher, who has obtained B.Ed. degree before 1.3.1999 is entit ed to two advance increments. 6. it is pointed out by learned ounsel appearing for the petitioner that the then State of Madhya Pradesh ha filed a Special Leave Petition against the orders passed by the Tribunal andt e Hon’ble Supreme Court dismissed Special Leave Petition No. 1999/2000 filed gainst the order of the tribunal. Therefore, the direction to the effect that th circular dated 1.3.1999 cannot be made applicable retrospectively passed b the Tribunal becomes final and the same shall be applicable to all the assist nt teachers who have obtained B.Ed./ET! certificate before 1.3.1999. lt is urther substantiated by a circular dated 17.10.2003 issued by the present S te of Madhya Pradesh wherein the circular clearly states about the decision oft e Supreme Courts. @~@ WW, MyW XI-HC-78 ,3, WW . .w.9.$74.$a[.ar¢~ a: zoo WW (W)