£a3 VJD?/ y Q Z S§§$£§LE %EN$H IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH w.P.(S) No. RW5 /2o11 PETITIONER 2 fl-’labib Khan S/o Late Shri A. G. Khan, .. ‘ / Aged about 54 years, Occupation - ”) ..... . Assistant Teacher, Govt. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA W x? «V Schoof Shardapara Bhilai Distt. (CG). s RESPONDENTS / , 1. State State of Chhattisgarh, Through — The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C‘G.) / 2. Joint Director, Accounts, Treasury and Pension, Raipur (C.G.) 3/ District Education omcer District HIGH COURT OF CHHATTBGARH I BILASPUR WRET PETIT!ON (S) NO. 1249 OF 2011 PETlTlONER Habib Khan o? Versus {Passed on this 7‘“ day of March, 201 1) RESPONDENTS State of Chhattisgarh & Others {Writ Petition under Article 226 of the Constitution of india) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present z- Shri Vipin Tiwari, Advocate for the petitioner. Shri Y.S.Thakur, Dy. Advocate General for the State/ respondents. ORDER (ORAL) u 1. Heard learned counsel for the parties. 2. Learned counsel appearing for the petitioner submits that the petitioner is entitled to benefit of two advance increments on account of the fact that the petitioner has passed B.Ed. examination on 16.6.1982 before entering into the service i.e. on 04.1 2.1984, at his own cost. 3. Learned counsel appearing for the petitioner submits that the issue involved in the present case is no longer res integra, as the same has been considered and decided by the Supreme Court in Ashe Saxena v. State of MP. & Ors.’ as well as by this Court in Yashwant Kumar Bharadwaj v. Municipa! Corporation, Durg and another? and Gopesh Kumar Verma v. The State Govt. of ohhattisgarh and anothef. 4. Learned counsel further submits that the instant petition is squarely covered by the decision as aforestated. Thus! the petitioner may ‘2009 (rm MPJR (sq 59 \ 2 2005 (in MPJR-ce 96 ‘x 3WP(S) M14130 or2005 @ be permitted to make a representation to decide his case in the iight of aforestated decisions, subject to verification of the facts asto Whether the petitioner has acquired B.Ed. certificate on his own expenses before entering into service. Learned counsel appearing for the State submits that in the event, the petitioner makes a representation, the same wiii be considered and decided, in accordance with law and in the tight of the decisions of the Supreme Court in Ashe Saxena (supra), within a period of four weeks from the date of receipt of the representation. in view of foregoing, according to the teamed counsel appearing 5 for the petitioner, nothing survives in this petition for adjudication. Accordingiy, the writ petition is disposed of. ashok