Rajpal Singh Dhakar vs The State Of Madhya Pradesh
2023 Latest Caselaw 14862 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                   ON THE 11 th OF SEPTEMBER, 2023
                    WRIT PETITION No. 20378 of 2023

BETWEEN:-
RAJPAL SINGH DHAKAR S/O SHRI BIRVAL DHAKAR,
AGED ABOUT 32 YEARS, OCCUPATION: SAHAYAK
VARG-3 (LIPIK) VILLAGE BARIPURA LAHARRA
DISTRICT MORENA (MADHYA PRADESH)

                                                            .....PETITIONER
(BY SHRI PRATIP VISORIYA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY VALLABH BHAWAN
      BHOPAL (MADHYA PRADESH)

2.    DISTRICT EDUCATION OFFICER DISTRICT DATIA
      , (MADHYA PRADESH)

3.    DISTRICT ADULT EDUCATION OFFICER, DIST.
      DATIA , (MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI S.S. KUSHWAH - GOVERNMENT ADVOCATE)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                     ORDER

1 . The petitioner has preferred this petition under Article 226 of the Constitution of India seeking the following reliefs:

" 1. That, Respondent may kindly be directed to extend the benefit of increment after one year from the date of initial appointment;

2. That, any other relief including the cost of

petition may kindly be given."

2 . A t the outset learned counsel for the petitioner placed the order dated 08.12.2009 passed in WP No.5740/2009 (Harikishan Prajapati Vs. State of M.P. & others) by Co-ordinate Bench of this Court and the judgment dated 23.11.2015 passed in W.P. No.13259/2011 (Manoj Kumar Purohit and Ors. Vs. State of M.P. and others) by the Full Bench of this Court and submits that the matter is covered by the aforesaid judgments.

3. Learned counsel for the respondent could not dispute the said fact. A relevant discussion of the judgment dated 23.11.2015 passed in W.P. No.13259/2011 (Manoj Kumar Purohit and Ors. Vs. State of M.P. and others)

by the Full Bench of this Court is as under:-

'18. While parting we make it clear that we have not dealt with the situation where neither the Recruitment Rules nor the Policy governing appointment on compassionate basis or regularization, as well as the letter of appointment does not provide for requirement of passing Hindi Typing Test. The question whether, in such a case, the condition of passing Hindi Typing Test can be prescribed by an administrative or executive order for entitlement to increment "after the person has entered the service". That question does not arise in the fact situation of the present cases.

20. Thus, in view of preceding analysis, reference is answered by stating as follows:-

(i) Question (A)(a):

An employee appointed in accordance with the Recruitment Rules which makes passing of the Hindi Typing Test essential, would be entitled to increment only after passing such test.

(ii) Question (A)(b):

If the Recruitment Rules are silent with regard to entitlement to the grant of increment on passing the

Hindi Typing Test, then in such a case if the requirement of passing Hindi Typing Test is incorporated in the letter of appointment, the employee would be entitled to increment only after passing the Hindi Typing Test.

(iii) Question (A)(c):

Where the Recruitment Rules provide that preference would be given to the candidate who has passed Hindi Typing Test, in such a case also the employee would not be entitled to grant of increment, if the order of appointment contains such a stipulation. He would be entitled to grant of increment from the date of passing Hindi Typing Test.

(iv) Question (A)(d):

Where under the policy as well as letter of appointment provide for passing of Hindi Typing Test, in such a case the employee would be entitled to increment only after passing Hindi Typing Test.

(v) Question (B):

If an employee has been appointed under the policy either of compassionate appointment or regularization and if policy provides for requirement of passing Hindi Typing Test essential, the concerned employee would be entitled to benefit of increment only after having passed Hindi Typing Test, even in the absence of such a stipulation in the letter of appointment.

(vi) Question (C):

The decisions rendered in the cases of State of M.P. vs. Onkarlal, 2011 (3) MPLJ 404 and State of M.P. and others vs. Ku.Ramani Bai Bhagat, 2013 (1) MPHT 96 do not lay down correct proposition of law.'

4. Heard learned counsel for the parties and perused the record.

5. In view of the aforesaid, said petition stands disposed of in the manner

as directed by this Court in judgment dated 23.11.2015 passed in W.P. No.13259/2011 (Manoj Kumar Purohit and Ors. Vs. State of M.P. and others) and the said order shall apply mutatis mutandis in the present case also. Hence, the present petitioner is directed to submit a representation before the competent authority of the respondents within a period of two weeks from the date of receiving of certified copy of this order and if such representation is submitted within the aforesaid period, the competent authority shall 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 Harikishan Prajapati (supra) within a period of two months thereafter.

6. It is made clear that if there is no legal impediment, the petitioners shall 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.

7. With the aforesaid, the petition is disposed of. E-copy/certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE neetu NEETU SHASHANK 2023.09.14 17:13:33 -07'00'