Surendra Singh vs The State Of Madhya Pradesh Health ...
2023 Latest Caselaw 3363 MP

                                                    1
                  IN       THE      HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                               BEFORE
                                   HON'BLE SHRI JUSTICE VIVEK RUSIA
                                      ON THE 23 rd OF FEBRUARY, 2023
                                      WRIT PETITION No. 3427 of 2023

                BETWEEN:-
                SURENDRA    SINGH    S/O   RAJA  RAM   SINGH
                BHADOURIYA, AGED ABOUT 43 YEARS, OCCUPATION:
                ASST. GRADE III 20/1 K.E.H. COMPOUND INDORE
                DISTRICT INDORE (MADHYA PRADESH)

                                                                             .....PETITIONERS
                (SHRI YASH PAL RATHORE, ADVOCATE)

                AND
                1.        THE STATE OF MADHYA PRADESH HEALTH AND
                          FAMILY WELFARE DEPARTMENT SECRETARY
                          MANTRALAYA, VALLABH BHAWAN BHOPAL
                          (MADHYA PRADESH)

                2.        D I R E C T O R MEDICAL       EDUCATION BHOPAL
                          (MADHYA PRADESH)

                3.        MAHATMA GANDHI MEMORIAL MEDICAL
                          COLLEGE THROUGH DEAN M.G.M. COLLEGE
                          INDORE (MADHYA PRADESH)

                4.        JOINT DIRECTOR AND SUPERINTENDENT M.Y.
                          HOSPITAL INDORE (MADHYA PRADESH)

                5.        DIVISIONAL JOINT DIRECTOR ACCOUNTS AND
                          TREASURY MAHARAJA COMPLEX 2ND FLOOR
                          KOTHARI MARKET INDORE (MADHYA PRADESH)

                                                                           .....RESPONDENTS

( SHRI AMAY BAJAJ, GOVT. ADVOCATE)

Th is petition coming on for hearing this day, th e court passed the Signature Not Verified following:

Signed by: REENA
PARTHO SARKAR
Signing time: 2/23/2023
5:08:20 PM                                           ORDER

                          They are heard.

T h e controversy involved in this writ petition stands settled by the judgment of the Division Bench of this Court in W.A. No.37/2018 dated 19/02/2018. Relevant part whereof is quoted as under:-

"In view of the said fact, though the appellants are not entitled to increment form 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."

In view of the aforesaid, petitioner is held entitled for annual increment

from the date of qualifying the Typing Examination. Accordingly, petitioner is directed to file a representation in that behalf before the respondent/authority within fifteen days from today. The respondent in turn shall consider the same in the light of the judgment of the Division Bench as referred above and pass a necessary order.

In the event, petitioner is found entitled for increment, consequent benefit thereof shall be released forthwith.

Let this exercise be completed within three months from today. With the aforesaid, this writ petition stands disposed off.

(VIVEK RUSIA) JUDGE das

Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 2/23/2023 5:08:20 PM