Tarsila Lakda v. State Of Chhattisgarh And ORS.

^ iSi IN THEHQN'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No.^ "/2013 Tarsila Lakda^-/W/o Shri PETITIONER Veerendra Lakda aged about Years', Upper Division <tTeacher, presently working at Govt. Middle ^ishool Kohadiya Block, P.S. and District - Korba ...•": ^ ^••' ^\f ^"'^'

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VERSUS

RESPONDENTS State of Chhattisgarh Through Secretary, Departoient of Tribal Welfare Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) Commissioner Tribal Welfare Department, Raipur, Distt. Raipur (C.G.) Assistant Commissioner, Tribal Welfare Department, Korba Distt. Korba (C.G.) WRIT PETITIONUNDER^ARTICLE 226 OF THE CONSTITUTION OFINDIA •^k

^ HIGH COURT OFCHHATTISGARH, BILASPUR SINGLE BENCH :

HON'BLE SHRI PRASHANT KUMAR MISHRA, J.

W.P.(S)No.4376of2013 PETITIONER Tarsila Lakda.

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 she having passed B.T.I. before appointment at her 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 case of Asha Saxena Vs. State ofM.P. & Ore, 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 forthe 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 order passed by this Court in another Writ Appeal No. 87/2009, directions have been issued for consideratipn of the case for grant of two advance incremerits 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 petitionerwould 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 of the law laid down as also irt 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. SA"'^^svtfa ^^""

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