Madhya Pradesh High Court
Dr. Ramesh Arya vs The State Of M.P. on 17 February, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 17 th OF FEBRUARY, 2023
WRIT PETITION No. 2210 of 2021
BETWEEN:-
1. DR. RAMESH ARYA S/O SHRI L.L. KORI, AGED
ABOUT 39 YEARS, OCCUPATION: SERVICE R/O
PRIMARY HEALTH CENTRE, ORCHA,
TIKAMGARH (MADHYA PRADESH)
2. DR. BEERENDRA ARYA S/O SHRI POORAN SINGH,
AGED ABOUT 37 YEARS, OCCUPATION: SERVICE
CHC, BALDEOGARH, TIKAMGARH (MADHYA
PRADESH)
3. DR. MANOJ KUMAR ARYA S/O SHRI MOTI LAL
KORI, AGED ABOUT 42 YEARS, OCCUPATION:
SERVICE PRIMARY HEALTH CENTRE, THERKA,
NIWADI, TIKAMGARH (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI HITENDRA GOLHANI - ADVOCATE)
AND
1. THE STATE OF M.P. THR. PRINCIPAL SECRETARY
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER PUBLIC HEALTH AND FAMILY
WELFARE DEPARTMENT SATPURA BHAWAN,
BHOPAL (MADHYA PRADESH)
3. CHIEF MEDICAL AND HEALTH OFFICER CHIEF
MEDICAL OFFICE TIKAMGARH (MADHYA
PRADESH)
4. DISTRICT TREASURY OFFICER TIKAMGARH
TIKAMGARH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH BHATNAGAR - PANEL LAWYER)
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
2/20/2023 12:47:40 PM
2
This petition coming on for admission this day, th e court passed the
following:
ORDER
This writ petition under Article 226 of the Constitution of India is filed by
the petitioner on the ground that the petitioners were appointed on the post of
Medical Officers at District Tikamgarh on probation for two years. The period
of probation was extended for one year. Since the period of probation was
extended on account of ''C'' Grading in the ACRs, which were never
communicated to the petitioners, they had made a representation for release of
their increment upon confirmation. Since the petitioners were confirmed but the
increment was not released, they have knocked the door of this Court by
preferring the present writ petition seeking release of their increment and for
quashing the order Annexure P/1 dated 7.9.2018 and order the Annexure P/5
dated 22.9.2020.
Learned Panel Lawyer for the State opposes the prayer made by learned
counsel for the petitioners and submits that no indulgence can be shown in the
matter.
However, the fact of the matter is that this issue is already settled by a
Coordinate Bench of this Hon'ble High Court in Writ Petition (S)
No.4610/2005 decided on 19.4.2005 (Deepak Dole & Others versus State
of Madhya Pradesh & Others) wherein placing reliance on various judgments
of Hon'ble the Supreme Court in Sahib Ram versus State of Haryana &
Others 1995 SCC (Labour & Services) 248, Dr.P.L.Malik versus State
of Madhya Pradesh & Others 1991 MPST 15 and State of Karnataka &
Others versus G.Halappa & Others (2002) 4 SCC 662, it is held that the
employees are entitled for release of increments on confirmation of their service.
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
2/20/2023 12:47:40 PM
They are entitled to claim retrospectively increments which but for their
probation, they would have received in the ordinary course.
I t is apprised to this Court by Shri Piyush Bhatnagar, learned Panel
Lawyer for the State that the order of the learned Single Judge was affirmed by
the Division Bench by this Court in State of Madhya Pradesh versus
Raghvendra Sohgaura & Other connected matters 2009 SCC Online MP
5 7 0 and thereafter S.L.P (C) No.20567/2009 filed by the State of Madhya
Pradesh was dismissed vide order dated 17.12.2009.
Accordingly, this writ petition deserves to and is hereby allowed. It is
directed that the petitioners will be entitled to release of increment from the date
of one year of completion of their probation as they all have been declared to
have completed their probation successfully.
(VIVEK AGARWAL)
JUDGE
amit
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
2/20/2023 12:47:40 PM
