Amit Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 1542 MP

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                   BEFORE
                                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                         ON THE 3rd OF FEBRUARY, 2022

                                                     WRIT PETITION No. 2335 of 2022

                                             Between:-
                                    1.       AMIT PATEL S/O LATE SHRI JAISHANKAR
                                             PRASAD PATEL , AGED ABOUT 33 YEARS,
                                             OCCUPATION: WORKING AS ASSISTANT
                                             GRADE III, IN THE OFFICE OF KRISHI
                                             GARBHA CENTRE, VETERINARY AND DAIRY
                                             SERVICES   DEPARTMENT   CHHATARPUR
                                             (MADHYA PRADESH)

                                    2.       SMT.MAMTA AHIRWAR W/O LATE VIJAY
                                             AHIRWAR , AGED ABOUT 41 YEARS,
                                             OCCUPATION: WORKING AS ASSISTANT
                                             GRADE III IN THE OFFICE OF DEPUTY
                                             DIRECTOR     VETERINARY AND    DAIRY
                                             S E R V I C E DEPARTMENT    DISTRICT
                                             CHHATARPUR (MADHYA PRADESH)

                                    3.       JITENDRA SAHU S/O LATE SHANKAR LAL
                                             SAHU , AGED ABOUT 36 YEARS, OCCUPATION:
                                             WORKING AS ASSISTANT GRADE III IN THE
                                             OFFICE OF DEPUTY DIRECTOR VETERINARY
                                             AND      DAIRY     SERVICE DEPARTMENT
                                             DISTRICT      CHHATARPUR       (MADHYA
                                             PRADESH)

                                    4.       PRAMOD KUMAR BALMIK S/O LATE
                                             SANTOSH BALMIK , AGED ABOUT 38 YEARS,
                                             OCCUPATION: WORKING AS ASSISTANT
                                             GRADE III IN THE OFFICE OF DEPUTY
                                             DIRECTOR     VETERINARY AND     DAIRY
                                             S E R V I C E DEPARTMENT    DISTRICT
                                             CHHATARPUR (MADHYA PRADESH)

                                    5.       GANESH KUMAR VERMA S/O LATE BABULAL
                                             VERMA , AGED ABOUT 42 YEARS,
                                             OCCUPATION: WORKING AS ASSISTANT
                                             GRADE III IN THE OFFICE OF DEPUTY
                                             DIRECTOR     VETERINARY AND    DAIRY
                                             S E R V I C E DEPARTMENT    DISTRICT
                                             CHHATARPUR (MADHYA PRADESH)

                                    6.       LAKHAN LAL RAIKWAR S/O LATE RADHELAL
                                             RAIKWAR , AGED ABOUT 37 YEARS,
                                             OCCUPATION: WORKING AS ASSISTANT
                                             GRADE III IN THE OFFICE OF DEPUTY
                                             DIRECTOR    VETERINARY AND     DAIRY
                                             S ERVICE DEPARTMENT DISTRICT PANNA
                                             (MADHYA PRADESH)

                                                                                        .....PETITIONER
                                             (BY SHRI PARAG TIWARI, ADVOCATE)
Signature Not Verified
  SAN




Digitally signed by TRUPTI GUNJAL
Date: 2022.02.03 17:56:36 IST
                                                                       2
                                            AND

                                    1.      THE STATE OF MADHYA PRADESH THROUGH
                                            ITS PRINCIPAL SECRETARY VETERINARY
                                            ADN DAIRY DEPARTMENT MANTRALAYA
                                            VALLABH BHAWAN BHOPAL (MADHYA
                                            PRADESH)

                                    2.      STATE OF MADHYA PRADESH THROUGH
                                            PRINCIPAL          SECRETARY  FINANCE
                                            D E PA R T M E N T MANTRALAYA VALLABH
                                            BHAWAN BHOPAL (MADHYA PRADESH)

                                    3.      D I R E C T O R VETERINARY AND DAIRY
                                            D EPARTM EN T VAISHALI NAGAR BHOPAL
                                            (MADHYA PRADESH)

                                    4.      DEPUTY DIRECTOR VETERINARY AND DAIRY
                                            D E PA R T M E N T DISTRICT CHHATARPUR
                                            (MADHYA PRADESH)

                                    5.      JOINT DIRECTOR ACCOUNT TREASURY AND
                                            PENSION SAGAR DIVISION SAGAR (MADHYA
                                            PRADESH)

                                                                                                .....RESPONDENTS
                                            (BY SMT.G.K.PATEL, GOVERNMENT ADVOCATE ON ADVANCE
                                            COPY)
                                                         (Heard through Video Conferencing)
                                          This petition coming on for admission this day, the court passed the
                                    following:
                                                                       ORDER

Learned counsel for the petitioner submits that the petitioner is entitled for increment from the date of passing of the typing examination. In support of his submission, he has placed reliance on the judgment passed by Full Bench of this Court in the case of Manoj Kumar Purohit vs. State of M.P. 2016 (1) MPLJ 449 and also placed reliance on the order dated 19.2.2018 passed by the Division Bench in Writ Appeal No.37/2018 (Anuroop Singhai and others vs. State of M.P. and others) against which the SLP has also been dismissed.

I t is considered to be appropriate to dispose of the petition with a direction to the petitioner to submit a fresh representation before respondent No.3 herein within a period of two weeks from today and if such Signature Not Verified SAN representation is submitted within the aforesaid period, the said authority shall Digitally signed by TRUPTI GUNJAL Date: 2022.02.03 17:56:36 IST

consider and decide the claim of the petitioner keeping in view the aforesaid judgment of Full Bench in the case of Manoj Kumar Purohit (supra) and the judgment of Division Bench passed in the case of Anuroop Singhai (supra) within a period of two months thereafter.

It is made clear that if there is no legal impediment, the petitioner will be granted benefit of increment from the date of passing of the typing examination as held by this Court within a period of one month from the date of passing of the order by the said authority.

With the aforesaid, the petition is disposed of.

(S. A. DHARMADHIKARI) JUDGE TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2022.02.03 17:56:36 IST