@ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C .G) WRIT PETITION (S) No.7 L 3 7/2006 PETITIONER SMT. VEENA SAHU p W/o shn'. L.P Sahu, age, 46 years Presently working as Asst. Teacher In Kanyamata Devalya Primary school Bhatapara, Disst. Raipur (C.G) State of Chattisgarh Through —Secreta1y Deptt. Of Education Mantralya D.K.S.bhawan, Raipur.(C.G) .2‘ District Education Officer, Raipur, Dist. Raipur. Chattisgarh. 3. Block Education Officer, Bhatapara, Distt. Raipur Chattisgarh RESPONDENT PETETION UNDER ARTICLE 226 2% OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OFMANDAMUS CERTIORARI ETC. " XI-HC—78 r j Wm.~.g£~&L§fzmé q 6 8VOH~IX . WW} WWW mah‘mvmwmrgimk i7 g §W¢§WM m mw&w ma5§gmmwm 02.01 .2007: Shri Vinod Deshm1 Ms. Sunita Jain PL Petitioner is workir his service as Teacher; si before 1 i3. 1 999. According to ieamg advance increments in vie‘ Kumar Bharadwai Vs. Muni 2006 12} MPJR — CG 9Ei obtained BlEciq M.Ed., BT circuiar dated 24.1 2.1 998 Further in the matt nd others re orte Jkh and Shr for the res rg as Teac er in Government Schooi. ir 1e has obt ined B.Ed. certmcate at her Vivek Verma counsel for the ondents/State. ad counsel r the petitioner, petitioner is w of the de ision of this Coon in the cast ci _ wherein i has been heid that the tei i certificate. at their own expenses are i ssued by tte State Government of Madt er of Smt. anorama Shrivastava Vs. 2000 .t MPLSR 136, the Mac 1ch while considering the l ovided that etween 23‘ elied on tt Madhya decided or a d Administrative Tribunal, 1.3.1999 wherein it is p degree at their own cost two advance increments, Shrivastava Vs. State entitled to two aof Yashwant e_[ reported in achers having >overed by the iya Pradesh. Sate of M.P. hya Pradesh i circular dated the teachers who have acquired B.Ed. 10.1964 and 7.5.1973 shall} be entitled to e decision in the case of Pradesh and others pass‘ 12.10.1999 wherein it is ob erved that the Trade applicable retrospect ely. Thus, a egree before who has obtained B.Ed. crements. the learned counsel appearing for the j filed a Special Leave Petiti i .{l'i'l‘i akesh Kumar in Original O Application No. 1632199 l circular dated 1.3.1999 annot be teacher may be Assista t Teacher, 1.3.1999 is entitled to two dvanced ir lt is pointed out b i petitioner that n against th the then state of Madhya a raciesh hat WWW m Water) a petitioner. 1 the course of own expenses ‘n e XI-HC-78 . w Wml‘m, wmm 4—f . W3?” . W§mnntnumnn M%W9 WWW) 3 " W'www V¢$WEB§F§WWW 8Y-DH—IX WWW Pmmw {Raff {I fwnr W r wfw Wm; 1%39;WW W; [ ! orders passad by the Irribunal an< Special Leave Petition No. 1999/: Therefore, the directio to the effe( made applicable retros ectively, pa same shail be applic b!e to all t€ B.Ed.lBTl certmcates efore 1.3.1! dated 17.10.2003 issu by the pr circular clearly states alimut the dec Learned nouns l for the p question of law involve in the pre‘ by the decision of this ourt in the to which learned coon i appearing agrees with the averm nts made bi t l the Hon’ble Supreme Cot 1000 filed against the orde >t that the circular dated 1,2 ssed by the Tribunal, becor 1e Assistant Teachers, wh 399. it is further substantia esent State of Madhya Prar sion of the Hon’ble Supreme t the facts and etitloner further submits th sent case of petitioners are quareiy covered haradwaj (supra) case of Yashwant Kumar i for the respondent/State fa rly concedes and t learned counsel appearing or the petitioner. Accordingly, th writ petition is allowed in terms of th decisionpf this uamr Bharadwaj subject to erification of the has acquired B.Ed. certilcate at her own 24.12.1998 and 1.3.1999 a d further wheth t‘\ rements or not. No order as o costs L u/ / 0 swagww ut dismissed the ' of the tribunal‘ L1999 cannot be nes final and the 3 have obtained :ed by a circular lesh wherein the i Court. fact as to whether th petitioner expenses as per the ci cular dated she has been paid two dvance inc Court in the matter of Lashwant K i / 7 $6" ‘$§X‘ . $“‘$ .OLTFI