Madhya Pradesh High Court
Virendra Singh vs The State Of Madhya Pradesh on 21 January, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:1500
1 WP-997-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 21st OF JANUARY, 2025
WRIT PETITION No. 997 of 2025
VIRENDRA SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Yashwant Pagare - advocate for the petitioner.
Shri Shashank Sharma - PL for the respondents/State.
ORDER
By way of this Wirt Petition, the petitioner who holds the post of
Assistant Grate-III and is working under the control and supervision of
respondent department is not challenging any specific order, but seeks
direction of this Hon'ble Court on the matter of grant of increment from the
date of passing Hindi typing examination.
02. The petitioner fairly submits before Hon'ble Court that the
respondent department has granted the benefit of increment after one year
from that the date of passing Hindi typing examination while the petitioner is
entitled to get the benefit of increment from the date of passing Hindi typing
examination as per judgment rendered by Full Bench of this Hon'ble High
Court reported in 2016 (1) MPLJ 449 (Manoj Kumar Purohit and Others Vs.
State of M.P. & Others) . After the judgment rendered by Full Bench of this
Hon'ble High Court in case of Manoj Kumar (Supra) various identical Writ
NEUTRAL CITATION NO. 2025:MPHC-IND:1500
2 WP-997-2025
Petitions have been decided in same terms with direction to concerned
respondent department to extend the benefit of increment from the date of
passing Hindi Typing examination alongwith consequential benefits. The
Division Bench of this Hon'ble High Court in Wirt Appeal No.37/2018
(Anuroop Singhai and others Vs. State of M.P. and others, decided on
19/02/2018) has held that, in light of the judgment passed in the case of
Manoj kumar (Supra) the employees like petitioner is entitled to get the
benefit of increment from the date of passing Hindi Typing examination. The
state government feeling aggrieved with the order dared 19/02/2018 passed
by the Division Bench of this Hon'ble High Court in Wirt Appeal No.
37/2018 assailed the same before the Hon'ble Supreme Court of India by
filing S.L.P. No. 45732/2018 and Hon'ble Apex Court after considering
totality of fact and circumstances of the case has dismissed the S.L.P. The
order passed by the High Court has attained the finality. The petitioner who
falls within the same zone of consideration is also entitled to get the benefit
of increment from the date of passing Hindi Typing Examination. But
despite the order pass in Writ Appeal thereafter, dismissal of SLP the
respondent department deliberately has not extended the same benefit to the
petitioner.
03. It is further submitted that the petitioner has already submitted
representations Annexure P/5 & P/6 but till this date they have not been
decided.
04. Considering the aforesaid submissions, this petition is disposed off
with liberty to the petitioner to file a detailed and comprehensive
NEUTRAL CITATION NO. 2025:MPHC-IND:1500
3 WP-997-2025
representation along with the copy of the order passed today and also copy
of the judgments which are relied by the petitioner before the respondent
No.4 within a period of one month from today and if such representation is
submitted the same shall be considered and decided within two months
thereafter keeping in view the judgments relied by the petitioner. If the
competent authority finds that the case of the petitioner is covered by the
aforesaid judgments, he shall be granted the benefits in accordance with the
law and if the competent authority is of the view that the case of the
petitioner is not covered by the aforesaid judgments, he shall assign the
reasons for the same which shall be communicated to the petitioner.
05. With the aforesaid, the petition is disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
