-cs~r> z- IN THE HIGH COURT OF JUDICATJJRE^AT BILASPUR CHHATTISGARH W.P.(S).N0.6^Sg /2QQ6 PETITIONER ':.••'"; ,/k^% ^^ •»<?• ^y:~ cv-? ^Yashwant KumarVerma <; vi- ^B7o Deo Prasad Verma Age about 50years, Village- Parsada(Ghot) Post-Navagaon Vya. -Nawapara Tahsil & Distt. - Raipur (C.G.) VERSUS RESPONDENT ^" ^ .--•!\] >>1' r''v^-' J. State Govt. of Chhattisgarh Through Secretary Educational Department D.K.S. Bhawan, Distt.-Raipur(C.G.) 2. District Education Officer ^ Raipur, District-Raipur(C.G.) 3^ Block Education Officer Abhanpur District-Raipur(C.G.) WRIT PETITION UNDER ARTICLE 226/«EOF THE CONSTITUTION OF INDIA -oo^ ^l^ ^ R. giw o. XI-HC-78 3iI^T9)Tf^riq? crarsn^rgiiTra 3^;TPfRPT, eiTn«'l<s,[s|ciw.l< ^^^S 8/6h IU-P- *II*IMI sh*lich ^[ 200 311^1 isi'n (l<:'t3'I«^<T) CTaTWHfersn^r 11.12.2006 Shri Jitendra Gupta, eounsel | Accorcting to learned counset '=hi<<?<i4)-< *ii>ii-iTfffg<^)'<Ri^i<. ^ari^rgn^r 'or the petitloner. Shri Ajay Dwivedi, Panel Law^er for the respondents/State. The petitioner js working ^s Assistant Teacher in Government School. in the course of his seni'lc^ as Assistant Teachar/Upper DMSton Teacher, the petitioner has obtaine^l B.Ed. certifcate at his own expenses before 1.3.1999. fbr the petitioner, petftioner ts entitted to two advance increments in view of ttie decision of this Court in the oase of Yashwant Kumar Bharadwai Vsl Municinal corooratlon. Dura and another reoorted In 2008 (2) MP«i1 - GG 86. This Court in the oase of Yashwant Kumar Bharadwaj Vs. (supra), came to the conclusion \ B.Ed./B.T.i. Examination Certificate ^inicipal Corporation, Duig and another ;hat the teachers, who had obtahed \sn their own expenses, are covered by the circular dated 24.12.1998 issuejj by the State Govemment of Madhya Pradesh. Further In the matter of Smtl IVI.P. and others reoorted jn 2000 Administrative Tribunal, Gwaltor Betfch whiie consklering the ctrcutar dated 1.3.1999 wherein it is provided ttfat the Assi^ant Teachers who have acquired B.Ed. degree at their own others passed in Original Applicatior^ has obtained B.Ed. degree before Manorama Shrivastava Vs. State of (1» MPLSR136, the Madhya Piadesh cost between 23.10.1964 arri 7.5.1973 shall be entitled to two advance ini|;rements, reiial on the deasion in the case of Rakesh Kumar Shrlvastata Vs. State of Madhya Pradesh arri No. 1632/1999 decided on 12.10.1999 wherein it is observed that the cirtular cteted 1.3.1999 cannot be made applicabie retrospectiveiy. Thus, a t^acher may be Assistant Teacher, who 1.3.1^9 is entitled to two advaroed P.T.O. XI-HC-78 IIKWI •SSW\<Sh 3^? "ill'illcl^, ®TTl*f'is,ftnitfy ^T 200 311^1 4d* (l?^'!l1^) ^nWHftcTsn^r increments. It is pointed out by the learn^c that the then State of Madhya Pradt against the orcters passed by the Tr|t dismissed the Speciaf Leave F'etitiorl of the tribunal. Therefore, the directil 1.3.1998 cannot be made appiicable becomes final and the same shal Teachere, who have obtained B.Ed.| further substantiated by a circutar d^t State of Madhya Pradesh wherein decision ofthe Hcn'bie Supreme Cou( Learned counssl fbr the petiti^ question of law involved in the pre covered by the decis'ton of this Bharadwaj (supra) to which le^ respondenf/State iairly concedes an( iearned oounsei appearing for the peti] Accordingly, the writ petition this Court in the matter of Yashwant W of the fact as to whether the petition^ own expenses as per the ciroular datetJ whether he has been paid two advar costs. <<>i<iFci'i(1-i t<iti<-i1'ffteIA<Rt«i< ^srf^iTsn^r d counsel appearing for the petltloner ?sh had flted a Special Leave Petitton bunat and frie Hon'bte Supreme Court No. 1999COOO filed against the orcter »n to the efFect that the ciroular dated 'etrospectlvely, passecf by the Tribunat, be applicabte to all the Assistant BTI certificates befbre 1.3.1999. It is ted 17.10.2003 fesued by the present the cireular cteariy states about the )ner further submits that the facts and sent case of petitioner are squarety in the case of Yashwant Kumar imed counsel appearirg for the agrees with the averments made by tioner. |is allowed in terms of the decteion of [uamr Bharadwaj subject to verification ^r has aoqufred B.Ed. certfficate at his 124.12.1998 and 1.3.1999 and further lce increments or not. No order as to Cdurt Sd/- Dhu'endra Mishra Judge P.T.O.