Deepak Kumar Shrivastava vs State Of M.P.
2021 Latest Caselaw 331 MP

          1                          W.P.No.1610/2021
                 (Deepak Kumar Shrivastava and another Vs. State of M.P. and
                                          others)

          Indore : Dated 27.2.202
                            Shri M.K.Chansauriya, learned counsel for the petitioners.
                            Shri   S.H.Karanjawala,     learned      Govt.Advocate    for   the
          respondents/State on advance notice.

Petitioner, a Hindi Typist, is before this Court with the grievance that despite having been qualified the Hindi Typing examination, he is denied annual increment immediately after passing the test.

It is submitted that the controversy is set at rest by the Division Bench, Main Seat at Jabalpur in W.A.No.37/2018 decided on 19.2.2018, operative portion whereof reads as under :-

"In view of the said fact, though the appellants are not entitled to increment from the date of appointment but we find that the order passed by the learned Single Bench to grant annual increment after one year is contrary to the decision of the Full Bench in Manoj Kumar Purohit's case (supra). Therefore, the said part of the order is set aside. The respondents are directed to grant the benefit of increment to the appellants from the date of their qualifying the Typing Examination.

Appeal is allowed in the above terms."

It is submitted that similar controversy has been resolved by co- ordinate Benches at Jabalpur and Gwalior, judgments are annexed at pages 33, 35 and 37.

The aforesaid settled legal position is not disputed by Shri Karanjawala, learned Govt.Advocate for the respondents/State.

In view of the aforesaid order of the Division Bench passed in W.A.No.37/2018 on 19.2.2018 (supra) petitioner is set a liberty to file representation for grant of annual increment immediately from the date of passing of Hindi Typing qualifying test.

With the aforesaid observation, the writ petition stands disposed of.

(Rohit Arya) Judge

Patil

Digitally signed by Shailesh Patil Date: 2021.02.27 17:56:50 +05'30'