Nimmi Singh v. State Of Chhattisgarh And ORS.

t7 IN^'HEJHP^'BLEJIIGH^OURT OFCJIHATTIS^ARH AT BILASPUR~~wi WRIT PETITION (S) No.'

/2013 Nimmi Singh W/o Shri RameshPETITIONER Singh aged about 45 'Tears, Upper Division Teacher, presently working at Govt.

Middle School Dadarkhurd -t;

Block, P.S. and District - Korba (C.G.) f

VERSUS

'^'

State of Chhattisgarh Through Secretary, Department of Tribal Welfare Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) Comraissioner Tribal Welfare Department, Raipur, Distt. Raipur (C.G.) Assistant Commissioner, RESPONDENTS Tribal Welfare Department, Korba Distt. Korba (C.G.) WRIT PETITION UNDER ARTICLE 22€'OF'THE CONSTITUTION OF INDIA 'S

^ HIGH COURT OF CHHATTISGARH, BILASPUR SINGLE BENCH :

HON'BLE SHRI PRASHANT KUMAR MISHRA, J.

W.P.(S)No.4377of2013 PETITIONER Nimmi Singh.

Versus

RESPONDENTS State of Chhattisgarh and others.

Shri Ashwani Shukla, counsel for the petitioner. Shri Ajay Dwivedi, Dy. Govt. Advocate for the State, on advance copy. ORAL ORDER (01/01/2014) Learned counsel appearing for the petitioner submits that the petitioner is entitled to benefit of two advance increments on account of she having passed B.T.I. before appointment at her own cost. It is submitted that the issue involved in the present petition is no longer res integra and the same has been finally decided by the Hon'ble Supreme Court in the case of Asha Saxena Vs. State ofM.P. & Ors, 2009(111)MPJR (SC)59. 2.

U is further submitted that this Court has also taken a similar view in his order dated 06/02/2009 passed in W.P.(S) No. 6257/2008. Learned counsel for-the petitioner further draws attention of this Court to order dated 29/04/2010 passed in Writ Appeal No. 124/2009, wherein relying upon the judgment of the Supreme Court in the case of Asha Saxena (supra) and the order passed by this Court in another Wnt Appeal No. 87/2009, directions have been issued for consideration of the case for grant of two advance increments as per circular dated 21/09/1974 issued by the State of Madhya Pradesh, after verification of the facts pleaded in the petition. 3.

Learned counsel for the petitioner submits that the case of the petitioner would also be considered on the sam^ lines. 4.

In view of the statement made above, this petition is finally disposed of with a direction to the respondent authorities to consider and decide the claim of the petitioner for grant of two advance increments in view of the law laid down as also in vtew of circular, which has been issued by the State Government on 21/09/1974, after verification of the facts pleaded in the petition within a period of eight weeks from today. ___---- ?ia'sVian sd"L.r^*ta ticuioat lud6e •^ 'S