Fulsingh Kanwar v. State Of Chhattisgarh And ORS.

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IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT

BILASPUR ff-^..w» WRIT PETITION (Sl Nof^' "'/2013 -" ;a ^ '?-*< y'^.^^-^'

Fulsingh Kanwar S/o Shri Umesh Singh Kanwar aged about 45 Years, Head Master, presently working at Govt.

Primary School Daihanpara (Korba) Block, P.S. and District - Korba (C.G.) PETITIONER ^Vw »',('•• \^- ^.^ 'i^

VERSUS

State of Chhattisgarh Through Se'cretary, Department of Tribal Welfare Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) Coraraissioner Tribal Welfare Department, Raipur, Distt. Raipur (C.G.) Assistant Commissioner, RESPONDENTS Tribal Welfare Department, Korba Distt. Korba (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

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HIGH COURT OF CHHATTISGARH, BILASPUR SINGLE BENCH :

HON'BLE SHRI PRASHANT KUMAR MISHRA, J.

W.P.(S)No.4378of2013 PETITIONER Fulsingh Kanwar.

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 he having passed B.T.I. before appointment at his 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 cas.e of Asha Saxena Vs. State ofM.P. & Ors. 2009(111)MPJR (SC)59. 2.

It 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 qrder passed by this Court in another Writ 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 same 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 ofthe law laid down as also ia view 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. SAll'^^wa t^fl ^as^^A^ \^ 'S