Madhya Pradesh High Court
Ashish Upadhyay vs The State Of Madhya Pradesh on 16 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:1706
1 WP-603-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 16 th OF JANUARY, 2025
WRIT PETITION No. 603 of 2025
ASHISH UPADHYAY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manoj Kumar Chansauriya -Advocate for the petitioner.
Shri Praveen Namdeo - GA for the respondent/State.
ORDER
By the present petition, the petitioner has assailed the order dated
26.12.2024 by which the services of the petitioner has been terminated on the
ground that the petitioner failed to obtain the certificate of CPCT which was a
condition precedent in the appointment order of the petitioner.
Counsel for the petitioner submits that petitioner was appointed on
compassionate ground as his father died in harness on 04.10.2018. He further
submits that in the appointment order as condition no.3, it was stipulated that
petitioner will obtain the CPCT certificate as per Govt. Circulars and Diploma in
computer within the period of three years. He further submits that during the
period of three years the petitioner has completed the age of 40 years therefore, he
could not obtain the CPCT certificate. He submits that as the petitioner was
appointed on compassionate ground his appointment cannot be terminated on the
ground that he could not obtain CPCT certificate. He heavily relied upon the
judgment passed by Coordinate Bench in the matter of Virat Dev Singh vs. State
of MP and Ors. in WP No.16770/2022 on 31.08.2023 whereby the termination
NEUTRAL CITATION NO. 2025:MPHC-JBP:1706
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order issued on the ground of failure to obtain CPCT certificate was quashed with
certain directions which reads as under;-
"7. However, one thing is clear that it is not a case of direct recruitment
but it is a case of appointment on compassionate ground. Therefore,
only question for consideration is as to whether services of petitioner
are liable to be terminated on the ground of non-qualifying CPCT or he
can be accommodated against any post which does not require CPCT
scored card? Since the reason for appointment of petitioner was
compassionate on account of death of his father, therefore, criteria for
appointment of petitioner was different. Petitioner was granted
appointment on compassionate ground in order to tide over the situation
which had arisen on account of untimely death of his father.
8. Under these circumstances, this Court is of considered opinion that
although it was necessary for petitioner to qualify CPCT but having
failed to do so, his services may not be terminated. Respondents must
consider the case of petitioner from the following angles:
(i) If any Class-III cadre post is available for which CPCT score card is
not required, then the case of petitioner for his appointment on the said
post may be considered.
(ii) If no such post in Class-III cadre is available, then the case of
petitioner can be considered for Class-IV post.
9. Petitioner shall positively submit his undertaking/consent for his
consideration to a different Class-III cadre post for which CPCT score
card is not required or for Class-IV post.
10. If the consent is furnished within a period of one month from today,
then the decision shall be taken by respondents in this regard within a
period of one month thereafter. If the petitioner fails to submit his
consent before the competent authority within a period of one month
from today, then natural consequence of order dated 12.07.2022 shall
follow."
Learned counsel for the petitioner prays for quashment of the termination
order dated 26.12.2024.
Learned Government Advocate appearing on advance copy on behalf of
respondent/State submits that the petitioner was appointed with a condition to
obtain CPCT certificate within a period three years. The petitioner has enjoyed the
fruits of the appointment order but failed to fulfill the condition therefore
termination order passed in accordance with applicable rules and the order cannot
be challenged before this Court directly as the appeal is provided against the
termination order. He prays for dismissal of the petition.
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After considering the arguments advanced by the counsels for the parties, it
appears that the petitioner was appointed on compassionate ground due to death
of his father in harness and in the appointment order there was a condition that the
petitioner will obtain CPCT certificate within a period of three years. It is also not
in dispute that the petitioner failed to obtain the CPCT certificate, however,
considering the order passed by Coordinate Bench in the matter of Virat Dev
Singh (supra) wherein the direction was issued to consider the case of the
petitioner for appointment of any other post of Class- III cadre for which CPCT
certificate is not required or for appointment of the petitioner for Class - IV post.
The petitioner is ready to submit undertaking/consent for consideration of his case
to a different class - III cadre post for which CPCT score card is not required or for
Class - IV post. Considering the same present petition is disposed of in terms of
order passed in the matter of Virat Dev Singh (Supra). Order passed in the matter
of Virat Dev Singh (Supra) shall be applicable with the case in hand as mutatis
mutandis.
With the aforesaid observation, present petition is disposed of.
(VINAY SARAF)
JUDGE
Akm
