$3§§W§Z EEEIEEJI 1 ’ 7 CfQamL 1N THE HIGH COURT OF CHHATHSGARH AT BILASPUR ‘ ' 1 WRIT PETITION (SI No. 5”? i8 / 2006 PETITIONERS ( l. Vishnu Kumar Upadhaya S/o L. Upadhaya Aged about 44 years ‘Assistant Teacher Govt. Middle School, Bhandarpur P.0— Dongargarh Dist— Rajnandgoan (CG) Tekram Sahu S/o Bhav Singh Sahu Aged about 45 years Assistant Teacher Govt. Primary School, Bacherabhatta PO- Dongargarh, Dist- Rajnandgoan Onkar Prasad Pandey S/o R.S.Pandey Aged about 44 years Assistant Teacher Govt. Higher Secondary School Dongargarh, Dist— Rajnandgoan (C.G) Narad Das Vaishnu S/o Haricharan Das Vaishnu Aged about 49 years Assistant Teacher Govt. Higher Secondary School Dongargarh, Dist— Rajnandgoan (C.G) Chdrasheka haan Duchand Bhame Aged about 40 years Asistant Teacher (Science) s vt. Higer Secndary School Dongargar, Dis- Raandgoan (CG) han Das Sahu S/ Makhan Das hu o Sa Aged about 51 years Asstant Teach is er Govt. Primary School, Natrae P.0- Dongargarh, Dist— Rajnandgoa h Puranlal Sau S/o Raruharam Sahu Aged about 43 yeas sistant Teacher vt. Primary School, Bharkatola P.O- Tenduna, Dist— ajnandgoan i Sitaram Kunjam S/o Late Maheruram Kunjarn ed about 40 years Principal, Govt. Primary Scho Ihinjhari, P.0— Madyan, Dist; Rajnandgoan CG) Bhuwanlal Kaushik S/o Ram Sinh Kaushik ed about 4‘5 yes Ag ar Assistant Teacher, Govt. Priary chool, Pipeia m S r P.O Murmunda, Dist- ajnandoa - Rgn anr Bre li Go h o h t jn Yod gae n r As Go al R Ag ol, i ( g VERSUS State of Chhattisgaxh Through Secretary, Department of, School Education, D.K.S. Bhawan, Raipur (CG) RESPONDENTS Director Public Instruction of Education Near Education Board office Raipur (CG) Secretary Finance Department, I).K.S Bhawan, Raipur (C.G) istrict Education Officer Rajnandgoan Dist- Rajnandgoan (CG) Block Education Officer Dongargarh Dist- Rajnandgoan (CG) Principal Govt. Boys Higher Secondary School Dongargarh, Dist— Rajnandgoan (CG) / WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF ‘ INDIA FOR ISSUANCE OF A SUITABLE WRIT ORDER OF DIRECTION TO . DO JUSTICE IN THE MATTER. DETAILS OF THE PETITION. l. PARTICULARS OF THE PETITIONER: D HIGH COURT OF CHHAT’I‘ISGARH AT BIIASPUR w. P. (s) No. 5798 of 2006 Vishnu Kumar Upadhyaya Versus Respondents :X State of Chhatn‘sgarh 8s others Singe Bench: Hon’ble Mr. Jusu'cc Satbh K. Agihotri. Shn' H. S. Ahluwalia, Advocate for the Pcu’tioncr. Shri Utkamh Verma, Govt. Advocate for the State] respondents. /;. mx O R D E R {27¢ Octnber, 2006) baarned counsel appealing for thc peti1ioners submits that whila working as Assistant Teacher, the petitioners had gone on naming to impmvc their qualifications on their own expenses and acquired B. Ed. Examination Cellilkate plior to 1.3. 1999. Accomdjng to learned counsel for the petitionexs, the petitm'ners are enh'tled to two advance increments in view of the decision of this Court in the case of Yashwant- Kumar 'Bharadwaj Vs. Municipal Corporation, Durg and another {2906 (ll) MPJR-CG 96}. This Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Ding and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed. /B.'l‘.l. Examination Certiiicate on their own expenses, am covered by the circular dated 24.12.98 (Annexuie P/7) issued by the State Government of Madhya Pradesh. Further in the matter of Smt. Manomma Shrivastava Vs. State of M.P. and others { 2000 (1) M.P.L.S.R. 136 } the Madhya Pradesh State Administrative Tribunal, Gwalior Bench, while considering the circular dated 1.3.1999 wherein, it is provided that the Assistant Teachers, who have acquired B.Ed. degree at their own cost between 23.10.1964 and 7.5.1973 shall be entitled to two advance increments, relied on decision in the case of Rakesh Kumar Shrivastava Vs. State of M.P. 85 others passed in O.A.No. 1632/99, decided on 12.10.1999 wherein it is obscured that the Petih'oners circular dated 1.3. 1999 cannot be made applinahle mtmspcetively. Thus, a teacher, may be Assistant Teachcr, who has obtained B.Ei degme befom 1.3.1999 is entitled to two advance incmments. It is pointed out by learned cannsel appearing for the petitioners that the then State of Madhya Pradesh had med a Special heave Petih’on against the otdexs passed by the Tribunal and the Hon’ble Supreme Court disniissed Special Leave Petmon No. 1999/2000 med against the otder of the Tnbunai Therefoxe, the dheetion to the cw that the circular dated 1.3.1999 cannot be made applicable tetrospectively, passed by the Tribunal, becomes anal and the same shall be applicable to all the Assistant Teachers who have obtained B.Ed./B.T.I. examination certificate before 1.3.1999. It is further substantiated by a circular damd 17.10.2003 issued by the plesent State of Madhya PtadeSh wherein the circular clearly states about the decis‘nn of the Supreme Court. Learned counsel for the petitioners further submits that the facts and question of law involved in the present case are squarely covered by decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Durg and another (Supra), to which learned counsel appearing for the respondents fairly concedes and agrees with the averment made by learned counsel appearing for the petitioners. Accordingly, the writ petin'on is allowed in terms of the order passed in the case of Yashwant Kumar Bharadwaj Vs. Municipm Corporation, Duig and another (Supra), subject to verihcation of the fact as to whether the petitioners have acquired B.Ed./B.’l‘.l. Examinan'on Ceitilicate on their own expenses and titrther Whether they have been paid two advance increments or not. No order as to costs. Sdl- Satish K. Agnihotri Judge Thakur i 7 ‘ .