SATISH K.AGNIHOTRI, J. - (1.) THE petitioner, being aggrieved by the nonpayment of two advance increments, for having obtained B.Ed. examination certificate at his own cost, has filed this petition seeking a writ/direction that the respondents be directed to grant two advance increments to the petitioner from the date, the petitioner obtained B.Ed. examination certificate and to make the payment of arrears w.e.f. 13.1.1997. It is further prayed that the impugned order dated 24.9.2003 (Annexure P/1), whereby the petitioner was denied the benefit of two advance increments be quashed.
(2.) THE facts in nutshell are that the petitioner was employed as Upper Division Teacher in Chandrashekhar Azad Higher Secondary School, Municipal Corporation, Durg. The petitioner obtained B.Ed. examination certificate at his own cost on 13.1.1997 (Annexure P/6). The petitioner claims entitlement of two advance increments as per the Cricular No. E7-44/96/20/ 4 dated 24.12.1998 (Annexure P/3) on obtaining B.Ed. examination certificate. The respondent No.1 by impugned letter dated 24.9.2003 (Annexure P/1) informed to the petitioner that the petitioner would not be granted two advance increments as only those Assistant Teachers are entitled to the benefit of two advance increments, who had obtained B.Ed./B.T.C. training certificate between the period of 23.10.1964 to 7.5.1973 at their own cost. The petitioner has obtained B.Ed. examination certificate later on. Shri Ajay Shrivastava, learned counsel appearing for the petitioner submitted that the petitioner is entitled to the benefit of two advance increments, after having obtained B.Ed. examination certificate in January, 1997, in accordance with the provisions of the circular dated 24.12.1998 and the impugned order dated 24.9.2003 is contrary to the law and deserves to be quashed.
(3.) MISS Sharmila Shinghai, learned counsel appearing for the respondent No. 1, per contra, submitted that subsequent circular dated 1.3.1999 makes it clear that only those Assistant Teachers are entitled to the benefit of two advance increments, who had obtained B.Ed./ B.T.C. training certificate on their own cost during the period from 23.10.1964 to 7.5.1973. It was further contended that the circulars are applicable to only Assistant Teachers, not to Upper Division Teacher. The petitioner is a Upper Division Teacher and having not obtained B.Ed. examination certificate between the period of 23.10.1964 to 7.5.1973, is not entitled to two advance increments.;