Vinay Beck v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4742 of 2012 Vinay Beck S/o Kenwara Beck Aged About 39 Years U.D.T., Govt. Boys High School, Kansabel Block/post Kansabel, Distt Jashpur, C.G. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Tribal Welfare Deptt, D.K.S. Bahwan, Post/Thana Civil Line, Raipur, C.G.

2. Assistant Commissioner Tribal Welfare Depepartment, Jashpur Thana City Kotwali, Jashpur, C.G. Pin Code 496 331

3. Block Education Officer Kansabel, Thana/Post Kansabel, Distt Jashpur, C.G. Pin Code - 496223

4. Treasury Officer Treasury Account And Pension, Jashpur , C.G. Pin Code 496331 ---- Respondents For Petitioner:

Mr. Somkant Verma, Advocate For Respondents/State:

Mr. R.K. Gupta, Deputy Advocate General Hon'ble Shri Justice P. Sam Koshy Order on Board 10.05.2016

1. The present Writ Petition has been filed by the Petitioner seeking direction to the Respondents for considering his case for grant of two advance increments in the light of the certificate of B.T.I. from the Board of Secondary Education, Bhopal which the Petitioner has obtained on his own cost before joining the service under the Respondents.

2. Learned Counsel for the Petitioner submits that the State Government had passed circulars wherein the persons who has obtained the certificates on their own expense prior to their coming into the service, would be entitled for two advance increments.

3. Learned Counsel for the Petitioner further submits that identical issues have already been decided by this Court in a series of Writ Petitions

allowing the Petition and therefore present Petition also deserves to be allowed and the Petitioner may be granted two advance increments on the basis of the circulars of the State Government. So far as the entitlement of the Petitioner for two advance increments is concerned, he has admittedly obtained the certificate prior to his joining the service.

4. Learned State Counsel fairly submits that this Court has in number of the Petitions decided the issue in favour of the Petitioners therein, however he makes submission that so far as his entitlement and eligibility for two advance increments is concerned, the State may have liberty of verifying his credentials prior to granting him the advantage of two advance increments.

5. In the light of submissions made by the State Government and also in the light of the previous decisions rendered by this Court on identical set of facts, this Court is of the opinion that the present Petition also deserves to be and is accordingly allowed.

6. The Petitioner would be entitled for two advance increments on obtaining B.T.I. certificate before his joining subject to the State Government verifying his eligibility in accordance with rules and also as decided by this Court in other similar Petitions.

7. With the aforesaid observations the Petition stands allowed. Sd/- (P. Sam Koshy) JUDGE kishore