1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1152 of 2017 1 - Omprakash Mansar S/o Shri Raghulal Mansar, Aged About 49 Years Occupation Upper Division Teacher, At Govt. Middle School Pouna, Block Nawagarh, Distt. Janjgir Champa, Chhattisgarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, New Raipur, Chhattisgarh, Chhattisgarh 2 - The Director, Public Instructions Chhattisgarh, Indrawati Bhawan, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - The District Education Officer, District Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 4 - The Block Education Officer, Block Nawagarh, District Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Shri Ashwani Shukla, Advocate. For Respondent/ State : Shri Vedant Shadangi, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12.08.2025 1. The petitioner has filed this petition seeking the following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to issue writ of certiorari to set aside the impugned order dated 01.12.2011 (Annexure P-1) passed by respondent no. 1. SMT NIRMALA RAO 2 10.2 That, this Hon'ble court direction may given by issuing writ of mandamus ordering the respondents to give similar benefits to the petitioner. 10.3 That the Hon'ble Court may kindly be granted similar relief as per order passed in W.P.No.367/09 and W.P.(S) No.6927/2011 as case of the petitioner is similar. 10.4 Any other relief, which my lord may deem fit, may also kindly be awarded.” 2. Learned counsel for the petitioner would submit that the petitioner was appointed as Assistant Teacher on 1.1.1995 on compassionate grounds under the respondents. He would contend that the petitioner acquired the qualification of D.Ed on his own expenses in the month of June, 2000 from Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal. He would further submit that, according to the circular issued by the erstwhile State of M.P. dated 24.12.1998, the petitioner is entitled to two advance increments upon acquiring the qualification of D.Ed on his own expenses. He would also submit that similarly situated teachers, namely Tilak Ram Patel (WPS No.4030 of 2013) and Smt. Bela Sharma (WPS No. 1265 of 2021), who were appointed on a compassionate basis, have been extended the benefit of two advance increments after acquiring B.Ed/D.Ed. Certificates. He would pray that a direction may be issued to the respondent authorities to extend the similar benefit to the petitioner. 3. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioner. He would submit that the qualification of B.Ed & D.Ed is mandatory for the appointment to the post of Teacher. He would further submit that at the time of the 3 appointment, the petitioner did not possess the requisite qualification and pursuant to the circular issued on 6.2.2007, he is not entitled to two advance increments. He would contend that the petition deserves to be dismissed. 4. Heard counsel appearing for the parties and perused the documents present on the record. 5. As informed by learned counsel for the petitioner, that similarly situated teachers appointed on compassionate grounds have already been extended the benefit of two advance increments after acquiring B.Ed./D.Ed. Certificates; therefore, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a detailed representation before respondent No. 3 and in turn, the authority concerned is directed to examine the matter in light of the judgments passed in WPS Nos.4030 of 2013 & 1265 of 2021 and take an appropriate decision in an objective manner preferably within a period of 120 days from the date of receipt of a copy of this order. 6. With the aforesaid observation(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi