Madhya Pradesh High Court
Bhagwan Prasad Gond vs The State Of Madhya Pradesh on 14 May, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 14 th OF MAY, 2024
WRIT PETITION No. 12448 of 2024
BETWEEN:-
1. BHAGWAN PRASAD GOND S/O RAMAKANT
GOND, AGED ABOUT 60 YEARS, OCCUPATION:
PEON KRISHNA NAGAR SHAUKHI MOHALLA
WARD NO. 21 DISTRICT SHAHDOL (MADHYA
PRADESH)
2. NARESH SINGH S/O LATE KISHORI SINGH, AGED
ABOUT 59 YEARS, OCCUPATION: PEON R/O HOUSE
NO.10/01 WARD NO.9 INFRONT OF GANDHI
STADIUM TRIVAL COLONY SOHAGPUR DISTRICT
(MADHYA PRADESH)
3. RAMCHARAN KOL S/O BUDHUVA, AGED ABOUT
59 YEARS, OCCUPATION: PRON R/O WARD NO.17
GRAM JODHPUR TEHSIL SOHAGPUR DISTRICT
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SHIVAM MISHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY TRIBAL WELFARE
DEPARTMENT VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER TRIBAL WELFARE
D EPARTM EN T VALLABH BHAWAN, BHOPAL
DISTRICT (MADHYA PRADESH)
3. ASSISTANT COMMISSIONER TRIBAL WELFARE
D EPARTM EN T DISTRICT SHAHDOL (MADHYA
PRADESH)
4. ADDITIONAL COLLECTOR SHAHD OL DISTRICT
SHAHDOL (MADHYA PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 14-05-2024
19:26:14
2
.....RESPONDENTS
(BY SHRI VIVEK SHARMA - DEPUTY ADVOCATE GENERAL)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners' contention is that petitioners fulfill all the requirements for
promotion to a Class-III post and similarly situated persons have been granted
promotion vide order dated 23.01.2024, but petitioners have been discriminated
only on the ground that they do not possess Hindi Typing Examination passed
certificate.
2. Petitioners' contention is that GAD Circular No.C-3-10/03/3/One, Bhopal,
dated 01.04.2003, has exempted persons above 45 years of age from passing
the Typing Examination for the purpose of promotion from a Class IV post to
Class-III post, but without considering this aspect, the petitioners' case for
promotion/charge of the higher post has been overlooked.
3. Shri Vivek Sharma, learned Dy. Advocate General, submits that it is not a
case of promotion but handing over of the charge of the higher post.
4. In the light of the judgment of Supreme Court in State of Madhya Pradesh
and another Vs. Vinay Kumar Babele, Special Leave to Appeal (C) No(s).
5868/2023, decided on 10.04.2023, respondents conduct of handing over
charge and not passing the orders of promotion, cannot be given a seal of
approval. They will have to consider and promote eligible candidates to the
higher post, because there is no embargo from the Supreme Court as is
apparent from the order passed by the Supreme Court in Vinay Kumar Babele
(supra).
5. Secondly, since there is already a relaxation from passing of the Typing
Examination from the persons above 45 years of age and admittedly petitioners
are above 45 years of age, it is directed that their representation Annx.P/3, be
decided through a speaking order, within 15 days of receipt of certified copy of
this order.
6. In above terms, petition is disposed of.
(VIVEK AGARWAL)
JUDGE
A.Praj.
