Milind Ronghe vs State Of M.P. The. Principal ...
2021 Latest Caselaw 4525 MP

                                                                           1                                WP-8674-2020
                                               The High Court Of Madhya Pradesh
                                                          WP-8674-2020
                                               (MILIND RONGHE Vs STATE OF M.P. THE. PRINCIPAL SECRETARY AND OTHERS)

                                     6
                                     Jabalpur, Dated : 23-08-2021
                                           Heard through Video Conferencing.
                                           Shri Sanjay Kumar Agrawal, learned counsel for the petitioner.
                                           Shri Rohit Jain, learned counsel for respondent nos.2 &4.

Shri Ritwik Parashar, learned counsel for respondent nos.1 & 3. With the consent finally heard.

The singular question involved in this case is whether petitioner is entitled to get annual increment from the date of passing of Hindi Typing Test or not.

Learned counsel for the petitioner submits that curtains are finally drawn on this issue by Full Bench of this Court in the case of Manoj Kumar Purohit & others Vs. State of M.P. & others reported in 2016 (1) M.P.L.J. 449. Thus, respondents be directed to give him benefit of annual increment from the date of passing of Hindi Typing Test.

Shri Rohit Jain, counsel for respondent no.2 & 4 submits that there is

no doubt that judgment of Manoj Kumar Puohit (supra) holds field. There is one impediment against the petitioner, i.e. delay in approaching this Court. The Gwalior Bench after following the judgment of Manoj Kumar Purohit (supra) in W.P. No.7651/2019 opined that in the event petitioner becomes entitled to get benefit of increment, the arrears shall be restricted prior to three years from today, i.e. 9/1/2020.

The objection of Shri Rohit Jain has substance. If petitioner has belatedly filed this petition, he cannot be deprived from the benefits of full bench judgment because the benefit claimed has a recurring effect. However, since petitioner belatedly approached this Court, the arrears needs to be restricted three years prior to the date of filing of this petition. This view is Signature Not Verified SAN taken by Supreme Court in the case of M.R. Gupta vs. Union of

Digitally signed by REENA HIMANSHU SHARMA Date: 2021.08.24 17:19:35 IST 2 WP-8674-2020 India [(1995)5 SCC 628] and Union of India vs. Tarsem Singh [(2008) 8 SCC 648].

In view of ratio decidendi of these matters while allowing the petition and directing the respondents to grant benefit of increment to the petitioner from the date of passing of Hindi Typing Test, it is made clear that the petitioner shall be entitled to get the benefit of arrears only three years before

the date of filing of this petition. Prior to that from the date of entitlement petitioner will be entitled to get benefit of notional fixation of pay. The entire exercise be completed by respondents within 90 days from the date of communication of this order.

Petition is partly allowed and disposed of.

(SUJOY PAUL) JUDGE

rv

Signature Not Verified SAN

Digitally signed by REENA HIMANSHU SHARMA Date: 2021.08.24 17:19:35 IST