IMPORTANT POINT
The positive concept of equality under Article 14 of the Constitution and the retrospective effect of circulars affecting existing increment policy were central to the judgment.

ORDER ON BOARD :

1. This petition has been filed by the petitioner for grant of two advance increments in lieu of acquiring B.Ed. Certificate at her own expenses prior to joining in service on the post of Assistant Teacher as also to quash the order dated 1.12.2016 (Annexure P/8), whereby, the State has denied the said benefit to the persons who were appointed after 16.6.1993.

2. Brief facts of the case are that in the year 1994, the petitioner and respondents 5 & 6 were appointed on the post of Assistant Teacher in the Tribal Welfare Department. In the year 2009, the petitioner was promoted to the post of UDT and in the year 2014, she was further promoted to the post of Lecturer. In May 2015, the services of the petitioner along with other Teachers of the Tribal Welfare Department was absorbed in the School Education Department. On 28.10.2014 (Annexure P/3), the State Government passed the order regarding grant of two advance increments from the date of joining to those Teachers who had obtained B.Ed./BTI Certificate at their own expenses prior to joining their service. The petitioner obtained B.Ed. Certificate (Annexure P/1) in the year 1991-1992 at her own expenses. Respondents 5 & 6, who are the similarly placed employees, were granted two advance increments vide order dated 22.2.2016 (Annexure P/4). Though the petitioner made several representations, but the claim (representation) of the petitioner was dismissed in pursuance of the Order/Circular dated 1.12.2016 (Annexure P/8) passed by the School Education Department, State of Chhattisgarh, by the District Education Officer, District Korea by the order dated 13.4.2017 (Annexure P/7). Hence, this petition.

3. Learned counsel for the petitioner would submit that the State has issued a Circular/Order in this regard on 28.10.2014 (Annexure P/3). In the said Circular, no cut off date was mentioned and it has been clearly stated therein that the Teachers and the Lecturers, who had obtained B.Ed./BTI prior to their appointment at their own expenses, are entitled to two advance increments. They would submit that since similarly situated employees i.e. respondents 5 & 6 were granted such benefit, the State has discriminated in the case of the petitioner. They would further submit that respondent No.3 has passed the impugned order by wrongly interpreting the order dated 4.4.2014 passed by the Division Bench of this Court in a bunch of Writ Appeals i.e. WA No.105/2014 and other connected Appeals. Hence, learned counsel for the petitioner prays to allow the petition and grant two advance increments in favour of the petitioner.

4. Per contra, learned counsel for the State would submit that at para 9 & 10 of the order dated 4.4.2014 (Annexure P/9) passed in WA No.105/2014 and other connected Appeals, it has been categorically mentioned that previously B.Ed./D.Ed./BTI were not the necessary qualifications for appointment as Teachers/Assistant Teachers/Lecturers. However, by amendment published in the MP Gazette dated 16th of June, 1993, Schedule III of the Rules was amended and the said qualifications were added for appointment to such posts. It has been further observed that the cut off date of appointment i.e. prior to 16.6.1993 mentioned in the Circular dated 6.2.2007, in its first part appears to be quite justified because after 16.6.1993, B.Ed./D.Ed/BTI etc. were made necessary qualifications for the said posts. She would also submit that in the said order, it was further observed by the Division Bench that the further block of dates for getting said qualification in between 23rd of October, 1964 to 1st of March 1999 mentioned in the second part of the Circular, does not appear to be reasonable. By fixing the said period for getting the above qualifications for grant of two advance increments, the State Government, in fact, has issued the said Circular, having a retrospective effect on the service prospects of the Teachers/Assistant Teachers/Lecturers, as any circular affecting an exi