Ranchhod Patidar vs The State Of Madhya Pradesh
2021 Latest Caselaw 4253 MP

                                                                   1                                WP-9471-2020
                                        The High Court Of Madhya Pradesh
                                                   WP-09471-2020
                                                (RANCHHOD PATIDAR Vs THE STATE OF MADHYA PRADESH)

                                                                WP/09471/2020
                                                  Ranchhod Patidar Vs. State of M.P. and others
                                12
                                Jabalpur, Dated : 12-08-2021
                                       Heard through Video Conferencing.
                                       Shri A.K. Chaturvedi and Shri A.K. Soni, learned counsel for the
                                petitioners.
                                       Shri Piyush Dharmadhikari,        learned Government Advocate for

                                respondent nos. 1 and 2.

Shri Arpan Pawar, learned counsel for the respondent nos. 3 and 4. This order will governor the disposal of W.P. No.16019/2019 and W.P. No. 9471/2020 as it is jointly submitted by learned counsel for both the parties that those petitions involve the same issue on the identical facts. For convenience the facts are taken from W.P. No.9471/2020.

In this writ petition the petitioners have raised a limited grievance that the petitioners were entitled to the regular increments from the date of passing the Hindi Typing Examination but by the impugned order dated 4.11.2011,

(Ann. P-4), they have been granted increments from the date one year after passing of Hindi Typing Examination. It is submitted by learned counsel for the petitioners that though earlier they were granted benefit from the date of passing of Hindi Typing Examination but by the impugned order the date has been postponed. In support of his submission that the petitioners are entitled to the benefit from the date of passing of the Hindi Typing Examination.

Learned counsel for the petitioners have placed reliance on the order of Division Bench dated 19.2.2018 passed in W.A. No.37/2018 and have submitted that the issue is squarely covered by the said Division Bench Judgement. Yet the petitioners' representation in this regard has been rejected

Signature Not Verified SAN by the respondent no. 4 by the order dated 20th of December 2019 without

Date: 2021.08.12 17:05:53 IST 2 WP-9471-2020 assigning any reason.

Learned counsel for the respondent nos. 1 and 2 and 3 and 4 do not dispute that the order dated 20th of December 2019 does not contain any reason. They have also fairly submitted that the Division Bench Judgement was rendered subsequent to passing of the impugned order dated 4.11.2011.

In view of the above, we are of the opinion that the grievance, which is

raised by the petitioners in the representation is required to be considered in the light of the Division Bench Judgement noted above and is required to be decided the representation of the petitioners with reasoned and speaking order, if any adverse decision is taken. Hence, we set aside the order dated 20.12.2019 and direct the respondent no. 4 to take an appropriate decision in accordance with law on the petitioners' representation in respect of grant of increment from the date of passing the Hindi Typing Examination after duly considering the Division Bench Judgment passed in W.A. No.37/2018 and also any other rule regulation, circular or judgment on the point.

Let this exercise be completed within a period of two months from the date of receipt of certified copy of this order.

C c as per rules.

   (PRAKASH SHRIVASTAVA)                                (VIRENDER SINGH)
          JUDGE                                                 JUDGE
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