(1) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NoééS? 12005 PETITIONER : Bhodhan Singh Raiput / S/o Shri Bahal Singh Rajput Age about 57 years, Asstt. Teacher, Govt. Hr. Sec. School, Chhuriya, Block— Chhuriya, Distt.- Rajnandgaon (C.G.) VERSUS 1. State Govt. of Chhattisgarh / Through : Secretary, School Education Department, Mantralaya at D.K.S. Bhavan, Raipur (C.G.) RESPONDENTS w/ v.0- 3. Block Education Officer/ 6‘90 Block— Chhuriya, Distt.- Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226%27 OF THE ab 2. DistrictEducationorricerx“ $Q’ \& OQ $ “t” >9? Rainandgaort (C.G.) CONSTITUTION OF INDIA XI—HC-78 o /f\ ¥ M EW,WW,W wP. Mo. 6é57 ©¢ W 200 mm<u§w> WWW WWW mmwm WW WWR %aq%wai1%$r 06.12.2006 Shri Rakesh Anthony cou 1se! for the petitioner. Smt. Anju Ahuja GA for th e respondentlState. Teacher in Government Schooi. in the r, he has obtained B.T.I. certificate at his Petitioner is working as course of his service as Teache own expenses before 1.3.1999. According to learned cour isel for the petitioner, petitioner is entitled to two advance increments in vi w of the decision of this Court in the case of Yashwant Kumar Bhara Vs. Municipal corporation, Durg and another reported in 2006 (2) MP R - CG 96 wherein it has been held that the teachers having obtained B Ed., M.Ed., BTI certificates at their own.’ expenses are covered by the rcular dated 24.12.1998 issued by the State Government of Madhya Pr desh. Further in the matter of mt. Manorama Shrivastava Vs. State of MP. and others reported in 20 0 (1) MPLSR 136, theMadhya Pradesh Administrative Tribunal, Gwalio Bench while considering the circular dated 1.3.1 999 wherein it is prov ded that the teachers who have acég’uired B.Ed. degree at their own cost b tween 23.10.1964 and 7.5.1973 shall be entitled to two advance increme ts, relied on the decision in the case of Rakesh Kumar Shrivastava Vs. State of Madhya Pradesh and others passed in Original Application No. 1632(1999 decided on 12.10.1999 rcular dated 1.3.1999 cannot be made teacher may be Assistant Teacher, who has obtained B.Ed. degree bef re 1.3.1999 is entitled to two advanced increments. wherein it is observed that the applicable retrospectively. Thus, P.T.O. j d i i XI—HC-78 33W,WW,W wpNO. Qé37/oé mm (W) @ .oooo....o.~‘ooo.o.ooo WWW WWW mmwm $ WW§,WW %ax%wan%¥r It is pointed out by the ltaarned counsel appearing for the petitioner that the then state of Madhya Pradesh had filed a Special Leave Petition against the orders passed by the Tribunat and the Hon’ble Supreme Court dismissed the Special Leave Petition No. 1999/2000 med against the order of the tribunal. Therefore the direction to the effect that the circular dated 1.3.1999 cannot be made applicable retrospectively, passed by the Tribunal, becomes final and ihe same shall be applicable to all the Assistant Teachers, who have obtained B.Ed./BTI certificates before 1.3.1999. lt is further substantiated by a circular dated 17.10.2003 issued by the present State of Madhya Prade5h wherein the circular clearly states about the decision of the Hon‘b!a Supreme Court Learned counsel for the petitioner further submits that the facts and present case of petitioner are squarely Court in the case of Yashwant Kumar learned counsel appearing for the and agrees with the averments made by learned counsel appearing fart e petitioner. Accordingly, the writ pettion is allowed in terms of the decision of this Court in the matter of ashwant Kuamr Bharadwaj subject to verification of the fact as to question of law involved in th covered by the decision of thi Bharadwaj (supra) to whic respondent/State fairly conced ether the petitioner has acquired B.T.l. certificate at his own expenses as per the circular dated 24.12.1998 and 1.3.1999 and further whether h has been paid two advance increments or not. No order as to costs. Sd/- Dhirendra Mishl‘a Judge P.T.O.