Rajasthan High Court
Ajit Singh Chauhan Son Of Shri ... vs The State Of Rajasthan on 18 January, 2023
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.13757/2019
Ajit Singh Chauhan Son of Shri Shivpal Singh Chauhan, Aged
About 28 Years, Resident of 152/184, Cement Factory, Sahu
Nagar, District Sawaimadhopur, Rajasthan.
----Petitioner
Versus
1. The State of Rajasthan, through the Secretary Cum
Commissioner, Department of Panchayati Raj, Secretariat,
Jaipur, Rajasthan.
2. Chief Executive Officer, Zila Parishad, Sawai Madhopur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr.Shashi Kant Saini, Adv.
For Respondent(s) : Ms.Sunita Satyarthi, Addl. Govt.
Counsel.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
18/01/2023
The instant writ petition has been filed by the petitioner
challenging the orders dated 16.04.2018, 18.07.2019 and
08.08.2019, whereby the respondents have given direction to
recover two annual grade increment from salary of the petitioner
on account of not passing the computer typing test after his
appointment on compassionate grounds.
This Court, while issuing notices in the writ petition,
had stayed the operation of impugned orders dated 08.08.2019,
18.07.2019 and 16.04.2018.
(2 of 5) [CW-13757/2019]
Learned counsel for the petitioner has filed the Misc.
Application No.1/2022, whereby an order dated 05.04.2022 has
been placed on record with regard to passing of computer typing
test by the petitioner. The petitioner has also annexed the
certificate to the same effect issued by the Addl. District Collector,
Sawai Madhopur.
Learned counsel for the petitioner submitted that the
impugned orders which were issued by the respondents, were not
in consonance with the Rajasthan Compassionate Appointment of
Dependents of Deceased Government Servants Rules, 1996
(hereafter 'the Rules of 1996').
Learned counsel for the petitioner further submitted
that the recovery notices issued against the petitioner were also
not preceded by any notice to the petitioner.
Learned counsel further submitted that now on account
of passing the computer typing test, the petitioner is entitled for
grant of regular annual grade increment.
Learned counsel for the petitioner further submitted
that the petitioner, on the basis of certificate issued by the
Vardhman Mahaveer Open University (VMOU), Kota in acquiring
qualification of RS-CIT i.e. Rajasthan State Certificate in
Information Technology, was given compassionate appointment by
an order dated 01.02.2012 and later on, on completion of
probation period, the petitioner was granted regular salary in pay
scale of Rs.5200-20200/- with Grade Pay of Rs.2400/-.
Learned counsel submitted that the petitioner also
acquired qualification of Master of Computer Applications (MCA)
from Jaipur National University in the June, 2014.
(3 of 5) [CW-13757/2019]
Learned counsel submitted that as per circular/order
dated 21.09.2010 issued by the Department of Personnel (DOP),
the person having qualification of computer course, were required
to be considered for compassionate appointment and if such
candidate did not have qualification of computer course, one year
period was allowed to them to pass the said computer course.
Learned counsel submitted that even according to the
said circular, the petitioner had already got RS-CIT Certificate and
as such, he could not have been deprived to get the benefit of
annual grade increment as appointment of the petitioner was
made regular for all the purposes and there was no requirement of
passing the computer typing test.
Learned counsel for the petitioner has also placed
reliance on judgment passed in S.B. Civil Writ Petition
No.10333/2017 decided by the order dated 04.04.2019.
Learned counsel submitted that the said order passed by the
Single Bench has also been approved by the Division Bench of
Principal Seat at Jodhpur in D.B. Special Appeal (Writ)
No.13/2020 (State of Rajasthan & Ors. Vs. Ramesh
Chandra Regar) dated 22.11.2021 along-with other connected
appeal.
Learned counsel, on the strength of said judgment,
submitted that the impugned orders passed by the respondents
were contrary to the circular issued by the DOP dated 21.09.2010.
Learned Addl. Govt. Counsel appearing for the
respondents-State Ms.Sunita Satyarthi does not deny the fact of
passing of computer typing test by the petitioner in the year 2022.
(4 of 5) [CW-13757/2019]
Learned Addl. Govt. Counsel submitted that at the time
of passing of the impugned orders, the Authorities did not commit
any illegality and it was incumbent on the petitioner to pass the
requisite computer typing test for getting benefit of annual grade
increment.
Learned Addl. Govt. Counsel further submitted that
only on account of interim order being passed by this Court, the
petitioner cannot be conferred to get the benefit for which he was
not entitled.
I have heard learned counsel for the parties and
perused the material available on record.
This Court finds that the respondents did not keep in
mind the circular which was issued by the DOP on 21.09.2010 and
as such, without application of mind, the recovery orders were
issued against the petitioner of annual grade increment, which
were paid to the petitioner after his confirmation.
This Court finds that the petitioner after filing of the
present writ petition has passed the computer typing test and to
the same effect, certificate has also been issued. The initial basis
of impugned orders no more survive and further the interim order
passed by this Court had also protected the recovery of annual
grade increment from salary of the petitioner.
This Court, in view of subsequent developments which
have taken place after passing of the order, finds that now the
petitioner may not be deprived to get the benefit of annual grade
increment.
This Court, accordingly allows the present writ petition
and the impugned orders dated 18.07.2019 and 08.08.2019 are
(5 of 5) [CW-13757/2019]
quashed and set aside. The petitioner would be entitled for annual
grade increment as was rightly given to him before passing the
impugned orders.
(ASHOK KUMAR GAUR), J
Himanshu Soni/65
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