Madhya Pradesh High Court
Jitendra Tripathi vs The State Of Madhya Pradesh on 5 March, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:10262
1 WP-6543-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 5 th OF MARCH, 2025
WRIT PETITION No. 6543 of 2025
JITENDRA TRIPATHI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Devanshu Nandy - Advocate for petitioner.
Shri Swapnil Ganguly - Deputy Advocate General for State.
ORDER
This petition has been filed assailing the order dated 06.12.2024
(Annexure P/1) passed by respondent No.3, whereby the representation
preferred by the petitioner seeking annual increment from the date of passing
Hindi Typing Examination has been rejected.
2. The aforesaid aspect has already been considered by the Full Bench of
this Court in the case of Manoj Kumar Purohit and others Vs. State of M.P.
and others reported in 2016 (1) MPLJ 449 and the case of the petitioner is
squarely governed by the directions given in the aforesaid case. The Full
Bench of this Court has held as under :-
"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
NEUTRAL CITATION NO. 2025:MPHC-JBP:10262
2 WP-6543-2025
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. v. Onkarlal,
2011 (3) MPLJ 404 and State of M.P. v. Ku. Ramani Bai Bhagat,
2012 (4) MPLJ 639 : 2013 (1) MPHT 96 do not lay down correct
proposition of law.
Accordingly, the reference is answered."
3. In view of the aforesaid proposition of law, as the dispute involved in
the present case is no more res integra, the respondents authorities are
directed to examine the case of the petitioner in the light of the judgment
passed by Full Bench of this Court in the case of Manoj Kumar Purohit
(supra) and pass a final order as far as the grant of benefits to the petitioner is
concerned.
4. The entire exercise be completed by the authorities within a period of
90 days from the date of receipt of certified copy of this order.
NEUTRAL CITATION NO. 2025:MPHC-JBP:10262
3 WP-6543-2025
5. With the aforesaid, the petition stands disposed of.
(VISHAL MISHRA)
JUDGE
THK
