Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:46141
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7977 of 2018 Nand Kumar Dubey S/o Shri Jagannath Prasad Dubey Aged About 63 Years R/o Village Sarsivan, Tahsil - Bilaigarh, Police Station - Sarsivan, Civil And Revenue District - Baloda Bazar-Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
... Petitioner(s) versus
1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District - Raipur Chhattisgarh.
2. District Education Officer Baloda Bazar-Bhatapara Chhattisgarh.
3. Principal Government Higher Secondary School, Gatadihi, District - Baloda Bazar-Bhatapara, Chhattisgarh.
... Respondent(s) For Petitioner
: Mr. Vivek Kumar Agrawal, Advocate For State : Mr. Sanjeev Kumar Agrawal, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
10.
09.2025
1. By way of this petition, the petitioner has sought the following relief(s):-
“10.1 That, this Hon'ble court may kindly be pleased to quash and set aside the impugned order dated 18/01/2018 ANNEXURE-P/1 passed by the respondent no. 2018/566. 2 in no./vidhi/aarthikdawa/2018/566. 10.2 That, this Hon'ble court may further kindly be pleased to direct to the respondent no.2 that petitioner is entitled for two-advance increment along with all other consequential benefits along with pensionery benefit with interest of 18% per annum. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.12 10:38:52 +0530
2 10.3 That, this Hon'ble Court may further be pleased to pass any other order, issue any such writ or direction in favour of the petitioner and against the respondents as it may deem fit and proper under the facts and circumstances of the case with cost.”
2.
Learned counsel for the petitioner would submit that the petitioner was appointed to the post of Assistant Teacher on 10.09.1998 at Government Higher Secondary School, Gatadih, Balodabazar. He would further submit that the petitioner acquired B.Ed. degree in the year 2009 on his own expenses, and thereafter, moved a representation for grant of two advance increment, but the same has been rejected by the respondent No. 2 vide
order dated 18.01.2018. He would further submit that the issue involved in the present case is no more res-integra, the Coordinate Bench in the matter of Kunwar Kant Dewangan vs. State of Chhattisgarh and other connected matters passed in WPS No. 6927 of 2011, directed the State Government to extend benefit of two advance increments to the teachers, who passed B.Ed. or D.Ed. on their own expenses after 1993. He would pray to allow this petition.
3. On the other hand, learned counsel for the State would oppose. He would submit that according to circular issued by State of Chhattisgarh on 01.12.2016, the petitioner is not entitled for such benefit.
4. Heard.
5. Considering the fact that the issue involved in the present case has already been decided by the Coordinate Bench in the matter of Kunwar Kant Dewangan (supra) and other connected matters and said order has been affirmed by the Division Bench and the Hon’ble Supreme Court; therefore, this petition is hereby disposed of reserving liberty in favour of the petitioner to make a representation before the respondent No. 2, and in turn, the said
3 authority is directed to consider the claim of the petitioner in light of the
judgment passed in the matter of Kunwar Kant Dewangan (supra) and circulars issued by the State Government from time to time, preferably within a period of 90 days. Accordingly, the order passed by respondent No. 2 dated 18.01.2018 (Annexure P/1) is hereby quashed.
6. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge $iddhant