Madhya Pradesh High Court
Parmanand Bhalse vs The State Of Madhya Pradesh on 22 January, 2025
Author: Anand Pathak
Bench: Anand Pathak, Hirdesh
1 W.A. No.225/2023
HIGH COURT OF MADHYA PRADESH BENCH AT
GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE HIRDESH
WRIT APPEAL NO.225/2023
Parmanand Bhalse
Vs.
The State of M.P. and Others
Shri Upendra Kumar Shrivas - Advocate for the appellant.
Shri Vivek Khedkar - Additional Advocate General for the
respondents-State.
Judgment
(Delivered on 22nd day of January, 2025)
1. The instant Writ Appeal under Section 2(1) of the Madhya
Pradesh Uccha Nayayaly (Khandpeeth Ko Appeal) Adhiniyam, 2005
is filed against the order dated 15 th September, 2022 passed by the
learned Single Judge in Writ Petition No.710/2008 whereby writ
petition preferred by the petitioner was dismissed.
2. Facts of the case in short are that petitioner (hereinafter
referred as appellant) was appointed in the year 1980 on the post of
LDC and has been retired from the same post after attending the age
of superannuation. It was the case of the appellant that earlier he
was not granted the regular increment from the date of his initial
appointment and he was paid minimum of pay scale payable to the
post of Lower Division Clerk. Therefore, appellant approached this
Court by way of filing W.P. No.3432/2003. This Court vide order
dated 03-02-2004 directed respondents/ department to consider the
case of the appellant for regular increments from the date of his
initial appointment, but respondents did not comply with the Court's
order. Therefore, contempt petition was filed by the appellant vide
CONC No.180/2005, which was allowed vide order dated 13-05-
2005. In compliance of the Court's order, respondents vide order
dated 03-08-2005 granted benefit of regular increment to the
appellant from the date of his initial appointment.
3. Thereafter, it appears that appellant claimed seniority on the
post of Lower Division Clerk with effect from date of his initial
appointment for which he filed a representation dated 19-02-2007.
The said representation was rejected by the respondent/ Chief
Engineer, Narmada Tapti Kachar, Water Resources Department,
Indore vide order dated 05-05-2007. Being aggrieved by the same,
appellant filed Writ Petition No.710/2008.
4. It was the submission of learned counsel for the appellant in
the writ petition that at the time of his appointment, passing of Hindi
Typing Examination was not a mandatory qualification for
recruitment to the post of Lower Division Clerk in Water Resources
Department. The only provision for direct recruitment in Water
Resources Department and PWD was matriculate or equivalent
examination with the stipulation that preference would be given to
the candidate who possesses certificate in type-writting, therefore,
refusal to regularize the services of the appellant on the ground that
he has not passed Hindi Typing Examination is bad in law. It was
further submitted that for the purpose of ascertaining the seniority,
his services from the date of his appointment should have been taken
into consideration.
5. Return was filed by the respondents with the submission that
appointment of appellant was made subject to passing of Hindi
Typing Examination within a period of two years from the date of
appointment, but undisputedly, appellant had not passed Hindi
Typing Examination from the Board. However, in the light of the
order dated 03-02-2004 passed by this Court passed in W.P.
No.3432/2003, benefit of regular increment was given to the
appellant on completion of a period of one year from the date of his
initial appointment but no order for grant of seniority from the date
of initial appointment was passed by this Court. As per the order
dated 16-01-1992 passed by the State Government, exemption from
passing of typing examination was granted to those employees who
attained age of 40 years, therefore, vide order dated 01-10-1999
appellant was regularized on the post of Lower Division Clerk w.e.f.
09-08-1998.
6. Learned Writ Court dismissed the writ petition by giving
finding that Clause (1) and (2) of the appointment order itself
contemplates the condition that passing of Hindi Typing Test was not
a mandatory condition with a clear stipulation that the candidate who
had passed type-writting Test should have been given preference.
However, passing of Hindi Typing Examination within a period of
two years from the date of recruitment was a mandatory condition
for all the candidates with consequence of automatic discontinuation
of the service, therefore, in such circumstances, appellant was rightly
denied the seniority from the date of his initial appointment. Being
aggrieved by the order of the Writ Court, appellant filed the instant
Writ Appeal.
7. Learned counsel for the appellant submits that once vide order
dated 21-07-2005, appellant was granted benefit of regular increment
from the date of his initial appointment, then respondents/authority
cannot deny the seniority to the appellant from the his initial date of
appointment. He further submits that in M.P. Irrigation Department
(Non-Gazette) Service Recruitment Rules, 1969, there was no
condition of passing Hindi Typing Test for appointment of an
candidate on the post of Lower Division Clerk, therefore, such
condition cannot be made basis for refusing grant of seniority to the
appellant. The same is arbitrary and contrary to law. The learned
Writ Court has not considered this aspect and erroneously dismissed
the petition.
8. Learned counsel for the respondents opposes the prayer with
the submission the learned Writ Court rightly dismissed the writ
petition filed by the appellant after considering all the provisions and
clauses of the appointment order. There is no illegality or perversity
in the impugned order, hence, prays for dismissal of the writ appeal.
9. Heard learned counsel for the parties and perused the record.
10. This is a case where appellant is seeking grant of seniority
from the date of his initial appointment. It is undisputed that at the
time of appointment, passing of Hindi Typing Examination was not a
mandatory condition but it was clarified that a candidate who had
passed Type-Writting Examination would be given preference.
However, it was also clear that passing of Hindi Typing Examination
within a period of two years from the date of recruitment would be
mandatory otherwise, it would amount to automatic discontinuation
of the service. Since passing of Hindi Typing Test was a condition
precedent for continuing the service and appellant admittedly had not
passed the Hindi Typing Examination but in the light of the
relaxation given by the State Government vide order dated 01-10-
1999, case of the appellant was considered for regularization w.e.f.
09-08-1998 and his seniority was also fixed from 09-08-1998.
11. So far as contention of appellant that once vide order dated 21-
07-2005 of this Court, he was granted the benefit of regular
increment from the date of his initial appointment, then
respondents/authority cannot deny the seniority to him from the his
initial date of appointment only on the ground that he had not passed
the Type-Writting Test, is concerned, it appears that in the light of the
order dated 03-02-2004 passed by this Court passed in W.P.
No.3432/2003, benefit of regular increment was given to the
appellant on completion of a period of one year from the date of his
initial appointment, but the same does not entitle the appellant for
grant of seniority from the date of his initial appointment.
12. In the case of Manoj Kumar Purohit & Ors. Vs. State of
M.P. and Others reported in 2016 (1) MPLJ 449, Full Bench of
this Court has considered all these aspects. Relying upon the
judgment of Manoj Kumar Purohit (Supra), learned Writ Court
rightly considered the ratio in para 8 of the impugned order and gave
its finding. Therefore, case of the appellant was rightly dismissed for
not granting seniority from the date of his initial appointment.
13. In the conspectus of facts and circumstances of the case, the
Writ Court rightly passed the order dismissing writ petition of the
appellant after considering all the facets of the case, hence, no case
for interference is made out. Order passed by the Writ Court in Writ
Petition No.710/2008 dated 15th September, 2022 stands affirmed.
14. Writ Appeal is dismissed.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
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Date: 2025.01.23 11:45:23 +05'30'
