(1) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S} N0.685^/2006 PETmONERS : ^ Smt. Suchita Singh •^W/oShriArvindSingh Age about 37 years, Asstt. Teacher, Govt. Primary School, Sarona, Block- Dharsiva, Distt.- Raipur (C.G.) ^L^ '.••'^.•••' ..••*' \0V^'~ ^^ /^/ .'.^ y ^y ^y <?t~'^ <.'• RESPONDENTS VERSUS 1. State of Chhattisgarh /r' Through:- Secretary, School Education Department, Mantralaya at D.K.S. Bhawan, Raipur (C.G.) The Director, Directorate of Public Instruction, Pensionbada, Raipur (C.G.) x^^ ^f'v^f _ </'^' t*$"^ .. A^ cX^ 3- D'strict Education Officer District Education Office, Distt.- Raipur (C.G.) ^. Joint Director, Treasury & Accounts, Raipur (C.G.) WRIT PETITION UNDER ARTiCLE 226/227 OF THE CONSTtTUTION OF INDIA XI-HC-78 sn^rqirf^iN? (W 31TOT giITR; tTTH(fTSh*1|ct> 3^ -<IWIC1<1, WTfl.WIS, RlMldy . '^-fCs^ ^^ 50 V^ 200 iS 3ll^<l iiaqi (4^id'sl<i8T) ??BIW(rf?tT3TI^T Shri Rakesh Anthony, coi| Smt. Anju Ahuja G.A. for ) The petitioner is workiij School. In the course ofher ser\l obtained B-Ed. certificate at her d Accordlng to learned cou^ two advance increments in viewl anothsr reported in 2G06 (2) N Yashwant Kumar Bharadwaj Vs| (supra), came to the conclusi^ B.Ed./B.T.i. Examination Certificl the circular dated 24.12.1998 i^ Pradesh. Further in the matter of i M.P. and others reported in 2j Administrative Tribunal, Gwaliorl 1.3.1999 wherein it is provide^ acquired B.Ed. degree at their c] shall be entitled to two advanc^ case of Rakesh Kumar Shriv^ others passed in Original Applic^ v/herein it is observed that thel applicabte retrospectively. Thus, has obtained B.Ed. degree bef increments. °t>i<if<i<fl-i ii*iflTffte<fl'<Fai«i< ^sri^Hsn^r insel for the petitioner. he respondents/State. ig as Assistant Teacher in Government ice as Assistant Teacher, the petitioner has wn expenses before 1-3.1999. isei for the petitioner, petitioner is entitled to of the decision of this Court In the case of Vs. Municipal corBoration, Dyrfl and - CG 9@. This Court in the case of Municipal Corporation, Durg and another |)n that the teachers, who had obtained ^te on their own expenses, are covered by is^ued by the State Government of Madhya $mLManorama Shnvastaya Vs. State of (1) MPLSR 136, the Madhya Pradesh |Bench while considering the circuiar dated that the /tesistant Teachers who have jwn cost between 23.10.1964 and 7.5.1973 increments, relied on the decision in the listava Vs. State of Madhya Pradesh and ition No. 1632/1999 decided on 12.10.1999 circuiar dated 1.3.1999 cannot be made a teaoher may be Assistant Teacher, who lore 1.3.1999 is entitled to two advanced P.T.O. XI-HC-78 an^r^irteN? (rai3(^Tst>Ki°b jfc**-- N fl^ *il*l<^l sh+ll^i 3^^TP11cPT, ®Tf|<rt'i?,lq<ni*iy .'^.-.fi. ?.'s. ?. .<?5 .^ .<?. ^ 200 <S 3ll^l Maih (li?l^st<i,li<') STaiWtifera.n^T ^ial It is pointed out by the lea^-! that the then State of Madhya against the orders passed by the dismissed the Special Leave Petitj ofthe tribunal. Therefore. the dir^c 1.3.1999 cannot be made applicatjl becomes fina! and the same Teachers, who have obtained B.l (urther substantiated by a circular| State of Madhya Pradesh wher^in decision ofthe Hon'ble Suprems Learned counsel for the p^t question of law involved in the covered by the decision of.this Bharadwaj (supra) to which respondent/State fairly concedes learned counse! appearing Tor the Accordingly, the writ petit] this Court in the matter ofYashwaht of the Taot as to whether the petit| own expenses as per the circular whether she has been paid fawo eosts. i^ned counsel appearing for the petitioner had filed a Special Leave Petition ITribunal and the Hon'ble Supreme Court |on No. 1999/2000 fi!ed against the order jction to the effect that the circular dated fe retrospectively, passed by the Tribunal, be applicable to all the Assistant Ed./BT! certificates before 1.3.1999. It is dated 17.10.2003 issued by the present the circular ciearly states about the '=ni<lfcl<fl-l tlltfclTffte^ttRlWK ^>3rf^T3T[^r Qourt. >it]tioner {urther submits that the facts and [present case of petjtioner are squarely Court in the case ot" Yashwant Kumar learned counsel appearing for the |and agrees with the averments made by betitioner. ion is aliowed in terms of the decision of Kuamr Bharadwaj subject to verification |oner has acquired B.Ed. certificate at her (jfated 24.12.1998 and 1.3.1999 and further aldvance increments or not. No order as to Sd/- Dhirendra Mishra Judge P.T.O.