Revandra Singh Gautam vs State Of Chhattisgarh And Ors
2024 Latest Caselaw 635 Chatt

Chattisgarh High Court

Revandra Singh Gautam vs State Of Chhattisgarh And Ors on 27 June, 2024

   Neutral Citation
   2024:CGHC:22606
                                   1




                                                                     NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR
                             WPS No.5057 of 2014
      Revandra Singh Gautam S/o Kumar Singh Gautam Aged About 40
      Years Working As Assistant Teacher, Govt. Primary School,
      Mudpar, Block Bemetara, Distt. Bemetara C.G. , Chhattisgarh
                                                             ---- Petitioner
                                  Versus
   1. State Of Chhattisgarh Through Secretary, Edu. Deptt. Mantralaya,
      P.S. Rakhi, Tahsil Aarang, Naya Raipur, Distt. Raipur C.G. ,
      Chhattisgarh
   2. Director Public Instructions Raipur District Raipur, C.G. , District :
      Raipur, Chhattisgarh
   3. District Education Officer Bemetara, Distt. Bemetara, C.G. , District
      : Bemetara, Chhattisgarh
                                                      ---- Respondents

For Petitioner           :     Mr. CJK Rao, Advocate
For State                :     Ms. Nupoor Sonkar, Panel Lawyer

             Hon'ble Shri Justice Rakesh Mohan Pandey
                             Order on Board
27.06.2024

1. Learned counsel appearing for the petitioner would submit that the

petitioner was posted on the post of Assistant Teacher in the

Education Department and he passed D.Ed. Examination in the

year 1997. He would further submit that a Circular was issued by

the erstwhile State of Madhya Pradesh on 24.12.1998 according to

which the teacher who has passed B.Ed. or D.Ed. on his own

expenses would be entitled to get two advance increments. He

would also submit that the benefit was not extended to the

petitioner, therefore, he filed a WPS No. 7189 of 2006 before this

Court which was disposed of vide order dated 02.01.2007 and the Neutral Citation 2024:CGHC:22606

authorities were directed to consider the claim of the petitioner in

the light of the Circular dated 24.12.1998 and the judgment

rendered by this Court in the matter of Yashwant Kumar Bharadwaj

Vs. Municipal Corporation, Durg and another, 2006 (II) MPJR-CG

96. He would further argue that the petitioner made a

representation along with the copy of the order passed in the

above-stated writ petition and the same was rejected by the

District Education Officer vide order dated 17.04.2014 in the light

of the Circular issued by the State Government dated 06.02.2007.

In the Circular dated 06.02.2007, it is stated that the Teachers who

were appointed prior to 1993 and who passed B.Ed. or D.Ed.

between 1964 to 1999 would be entitled to get the benefit of two

advance increments. Mr. Rao would further submit that the order

was passed in the matter of the petitioner prior to 06.02.2007 and

the Circular issued subsequently would not operate against the

petitioner, therefore, the decision taken by the District Education

Officer is erroneous and is liable to be quashed.

2. On the other hand, Ms. Sonkar, learned Panel Lawyer appearing

for the State would oppose the submissions made by Mr. Rao. She

would submit that the petitioner was appointed after 1993 and

according to the Circular dated 06.02.2007, he is not entitled to get

the benefit of two advance increments. She would further submit

that the present petition deserves to be dismissed.

3. I have heard learned counsel appearing for the parties and

perused the documents placed on record.

Neutral Citation 2024:CGHC:22606

4. Admittedly, the petitioner was appointed in the year 1994 to the

post of Assistant Teacher; he passed D.Ed in the year 1997; he

filed a Writ Petition(S) No.7189 of 2006 in the year 2006; an order

was passed in favour of the petitioner on 02.01.2007 whereby the

authorities were directed to consider the claim of the petitioner for

grant of two advance increments; the representation was made by

the petitioner and the same was rejected by the District Education

Officer on 17.04.2014.

5. The order of this Court was already passed in favour of the

petitioner and the Circular was issued subsequently on

06.02.2007, therefore, it cannot be given a retrospective effect,

particularly, in the matter of the petitioner, therefore, the order

passed by the District Education Officer dated 17.04.2014 is

hereby quashed and the matter is remitted back to the concerned

authority to consider the claim of the petitioner after due

verification.

6. With the aforesaid observation(s), the present petition is disposed

of. Sd/-

(Rakesh Mohan Pandey) Judge

Rekha