1 CGHC010126472023 2026:CGHC:35740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2547 of 2023 Rohit Kumar Patel S/o Samat Lal Patel Aged About 62 Years P.T.I. Teacher, Government Higher Secondary School Godam, Block Sarangarh District Sarangarh Bilaigarh Chhattigsarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Director, Public Insturctions, Chhattisgarh, Indrawati Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 3 - Joint Director, Treasury Account And Pension Bilaspur Division, Bilaspur District Bilaspur Chhattisgarh. 4 - District Eduction Officer, Raigarh District Chhattisgarh. 5 - District Education Officer, Sarangarh District Sarangarh - Bilaigarh Chhattisgarh. 6 - The Principal, Government Higher Swecondary School Godam, Block Sarangarh District Sarangarh Bilaigarh Chhattisgarh. ... Respondents For Petitioner : Mr. Dhaniram Patel, Adv. with Ms. Varsha Patel, Adv. For Respondent : Mr. Ashutosh Shukla, Panel Lawyer. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 12-8-2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking the following reliefs:- AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.08.14 16:56:43 +0530 2 “i. That, this Hon’ble Court may kindly be pleased to quash the order dated 15-2-2023 (Annexure P/1) bearing No. 914/Legal Sec./2022-23 passed by the respondent No.4. ii. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to extend the benefit of two advance increments to the petitioner from the date of passing of examination of D.EL.ED. with all consequential benefits including the monetary benefits, as per the order dated 28/6/2019 passed in an identical matter i.e. WPS No.4702/2019. iii Cost of the petition may also be granted to the petitioner. iv. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. The facts of the case, in brief, are that the petitioner was appointed as an Assistant Teacher on 6-3-1982 vide Annexure P-2. Thereafter, he was promoted to the post of Physical Training Instructor (in short, ‘PTI’) in the year 1994. The petitioner obtained an additional qualification of D.El.Ed. from the National Institute of Open Schooling in the session 2017-19, after obtaining due permission from the higher authorities. As per the Circulars issued by the erstwhile State of Madhya Pradesh in the year 1964 and 1999, the petitioner was entitled to two advance increments for obtaining an additional qualification from the date of 3 acquiring such qualification, i.e., from the year 2019. The petitioner filed a W.P.(S) No. 9181/2022 for grant of two advance increments, which was disposed of vide order (Annexure P-10) dated 3-1-2023, directing respondents No. 4 and 6 therein to take necessary action on the claim of petitioner for grant of two advance increments in the light of the order passed in W.P.(S). No. 4030/2013 and Writ Appeal No. 130/2014. Therefore, the petitioner submitted a representation (Annexure P-11) dated 16-1-2023, seeking grant of two advance increments. However, the same has been rejected vide impugned order (Annexure P-1) dated 15-2-2023 passed by respondent No. 4/District Education Officer, Raigarh. Hence, the instant writ petition has been filed. 3. Learned counsel for the petitioner submits that the petitioner was appointed to the post of Assistant Teacher vide Annexure P-2 dated 6- 3-1982 and was promoted to the post of PTI in the year 1994. Earlier, the erstwhile State of Madhya Pradesh had issued Circulars in the years 1964 and 1999 granting two advance increments to teachers who obtained additional qualifications. Despite the aforesaid Circulars, advance increments were not granted to the teachers. Consequently, various teachers filed writ petitions. The said writ petitions, leading case being W.P.(S.) No. 4030/2013 (Tilak Ram Patel Vs. State of C.G. and others) were allowed by the learned Single Bench vide common order order (Annexure P-7) dated 6-12-2013, directing the respondents/State to consider the cases of the petitioners therein and grant them the benefit of two advance increments in terms of Circular dated 1-3-1999. The said order was challenged by the State Government in Writ Appeal No. 130/2014 (State of C.G. and others Vs. Tilak Ram Patel) and other 4 connected writ appeals; however, the batch of writ appeals was dismissed by the learned Division Bench vide order dated 4-4-2014. The Special Leave Petition (Civil) No. 21670/2014 and other connected SLPs preferred by the State were also dismissed by the Hon’ble Supreme Court vide order dated 26-2-2015. 3.1 Learned counsel for the petitioner further submits that, pursuant to the aforesaid orders, the State Government also issued order (Annexure P-4) dated 1-12-2016, stating therein that teachers appointed prior to 16-6-1993 and having obtained the additional qualification of B.Ed./D.Ed./B.T.I. would be entitled to two advance increments. He further submits that, in a subsequent writ petition bearing W.P.(S.) No. 4702/2019 (Smt. Seema Trikha Vs. State of C.G. and others), the learned Single Bench also granted relief to the petitioner therein vide order (Annexure P-8) dated 28-6-2019, relying upon the judgment passed in W.P.(S.) No. 6927/2011 dated 6-12-2013. 3.2 Learned counsel further submits that the case of the petitioner is squarely covered by the aforesaid judgments, as he obtained the additional qualification of D.El.Ed., which was earlier known as ‘D.Ed.’ and was subsequently changed to ‘D.El.Ed.’ in terms of the N.C.T.E. Regulations, 2014, vide Circular (Annexure P-5) dated 13-7-2017 issued by the Director, State Council of Educational Research and Training, Chhattisgarh, Raipur, to the Principals of all private educational colleges/DIETs/B.T.I.s, with effect from the academic session 2017-18. Hence, he prays that, in view of above facts, the writ petition may be allowed. 5 4. The respondents/State have filed their reply. Referring to the reply, learned Panel Lawyer appearing for the respondents/ State submits that, in compliance with the order (Annexure P-10) dated 3-1-2023 passed in W.P.(S.) No. 9181/2022, and taking into consideration the notification dated 5-3-2019 issued by the State Government, Department of School Education, regarding the Chhattisgarh School Shiksha Sewa (Shaikshanik Evam Prashasnik Samvarg) Bharti Tatha Padonnati Niyam, 2019, particularly Schedule III prescribing the eligibility criteria for the post of Physical Training Instructor (PTI), the petitioner’s representation was rejected on the ground that D.El.Ed. is not prescribed as an essential qualification for appointment to the post of PTI. As per Schedule III, the educational qualification prescribed for the post of PTI is Higher Secondary Examination and D.P.Ed. or B.P.Ed., along with graduation. 4.1 Learned Panel Lawyer further submits that the Government of Chhattisgarh, Department of School Education, issued order (Annexure R-2) dated 7-3-2020, whereby it was directed that no advance increments would be granted on the basis of the qualification of B.Ed./D.Ed. It was further directed that teachers belonging to the Teachers (E&T) cadre appointed after 16-6-1993 and teachers belonging to the Teachers [E(LB) & T(LB)] cadre absorbed in the School Education Department would not be eligible for advance increments on the basis of B.Ed./D.Ed. or equivalent qualifications. Therefore, the petitioner’s representation has rightly been rejected. Hence, the writ petition deserves to be dismissed. 5. Heard learned counsel for the parties and perused the material 6 available on record. 6. Undisputedly, the petitioner was appointed to the post of Assistant Teacher on 6-3-1982 vide order Annexure P-2 and was subsequently promoted as PTI in the year 1994. He obtained the certificate of D.El.Ed. from the National Institute of Open Schooling in the session 2017-19. Perusal of the order dated 6-12-2013 passed in W.P.(S.) No. 4030/2013 (Tilak Ram Patel Vs. State of C.G. and others) and other connected matters shows that a similar issue was considered by this Court, wherein the respondents/State were directed to consider the cases of the petitioners therein and grant them the benefit of two advance increments on the basis of their additional qualifications as per Circular dated 1-3-1999. The said order was upheld by the learned Division Bench vide order dated 4-4-2014 passed in W.A. No. 130/2014 and other connected matters. The SLPs preferred by the State against the said order were also dismissed by the Hon’ble Supreme Court. Similar relief was also granted by the learned Single Bench in W.P.(S.) No. 4702/2019 to Smt. Seema Trikha, the petitioner therein. 7. Perusal of Annexure P-4, which is the order dated 1-12-2016 issued by the Department of School Education, Government of Chhattisgarh, shows that, in the light of the aforesaid order dated 4-4-2014 passed by the learned Division Bench in W.A. No. 130/2014 and other connected matters, the State Government issued the said order. Relevant paragraph 5 thereof is reproduced hereinbelow:- “5/ अतएव राय शासन ारा उपरो समत करण के नराकरण हेतु छ.ग. शासन, कू ल श!ा वभाग के ारा पूव# म$ जारी समसं(यक आदेश 7 दनांक 06.02.2007 एवं अनु. जा+त एवं अनु. ज. जा. वकास वभाग के आदेश द.12.08.2007 को संशो+,त करते हुए म.. शासन कू ल श!ा वभाग के आदेश कमांक एफ 18-45/2002/व../20, दनांक 24.12.1998, 01.03,1999 तथा 06.02.1986 के अनु/म म$ 0यायालयीन आदेश के प1रे2य म$ यह नण#य 3लया गया है क दनांक 18.06.1998 तक नयु ऐसे सभी श!क 6ज0हने वयं के 7यय पर सेवाकाल के दौरान वभागीय अनुम+त ा9 कर बी.एड/डी. एड/बी.टी.आई. का श!ण / उपा+, ा9 की हो, उ0ह$ बी.एड/डी.एड/बी.टी.आई. परी!ा उ?ीण करने के दनांक से दो अ@म वेतनवृ+B की वीकृ +त दान की जाये अथा#त उ आदेश म$ बी.एड/डी.एड/बी.टी.आई. योCयता दनांक 01.03.1999 के पूव# म$ ा9 करने की शतD को वलोपत कया जाता है।" 8. As observed in the preceding paragraphs, the petitioner was appointed to the post of Assistant Teacher on 6-3-1982, i.e., prior to 16-6-1993, and was promoted to the post of PTI in the year 1994. He thereafter obtained the additional qualification of D.El.Ed., which was earlier known as D.Ed. As per Annexure P-5, the nomenclature of the qualification was changed from D.Ed. to D.El.Ed. In view of the earlier orders passed by this Court, which were upheld by the Hon’ble Supreme Court, and the subsequent order issued by the School Education Department, Government of Chhattisgarh, vide Annexure P- 4 dated 1-12-2016, the petitioner is also entitled to the benefit of two advance increments on account of acquiring the additional qualification of D.El.Ed. The said benefit shall be admissible from the date on which the petitioner acquired the said qualification. 9. In view of the foregoing discussion, this writ petition deserves to be and is hereby allowed. Consequently, the impugned order (Annexure P- 1) dated 15-2-2023 issued by the respondent No. 4/District Education 8 Officer, Raigarh, is hereby set aside. The respondents are directed to grant two advance increments to the petitioner on account of his having passed the D.El.Ed. examination in the year 2019 from the date on which he acquired said qualification, within a period of 90 days from the date of receipt of a copy of this order. 10. The writ petition is accordingly allowed. Sd/- (Naresh Kumar Chandravanshi) Judge pathak