Madhya Pradesh High Court
Rajendra Jatav vs Commercial Taxes Department on 21 December, 2023
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 21 st OF DECEMBER, 2023
WRIT PETITION No. 12635 of 2022
BETWEEN:-
RAJENDRA JATAV S/O SHRI BADRILAL JATAV, AGED
ABOUT 47 YEARS, OCCUPATION: SERVICE 14/2 BAGPUR
SANWER ROAD (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRATEEK PATWARDHAN - ADVOCATE)
AND
1. COMMERCIAL TAXES DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. COMMISSIONER COMMERCIAL TAX
DEPARTMENT MOTI BANGLOW COMPOUND, M G
ROAD (MADHYA PRADESH)
3. DIVISIONAL DEPUTY COMMISSIONER
COMMERCIAL TAX UJJAIN DIVISION, VIKAS
PRADHIKARAN BUILDING, BHARATPURI
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI BHUWAN DESHMUKH - G.A)
This petition coming on for admission this day, the court passed the
following:
ORDER
With the consent of the parties, the matter is heard finally. 2 . In the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 30.5.2022 whereby the petitioner has been demoted from the post of Office Assistant Grade III to the Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 21-12-2023 17:13:24 2 post of Peon from Class III to Class IV.
3. The facts of the case are that the petitioner was appointed on the post of Peon by order dated 30.6.2004. He was promoted to the post of Office Assistant Grade III by order dated 4.3.2014. By order dated 30.5.2022 the petitioner has been demoted from the post of Office Assistant Grade III to Peon. The impugned order has been passed on the ground that the petitioner did not clear the Typing examination/Computer Proficiency Certification Test (CPCT) as per Circular issued by the State of M.P. from time to time.
4 . Counsel for petitioner submits that the impugned order has been passed without giving any show cause notice or opportunity of hearing. It is further submitted that the State government has issued Circular dated 01st July, 2013 which prescribes the qualification for direct recruitment from the post of Assistant Grade III, Steno Typist and Stenographer and the same would not be applicable to the petitioner.
5 . Counsel for respondents submits that the petitioner was given compassionate appointment by order dated 30.6.2004 and by order dated 4.3.2014 he was promoted from the post of Peon on the condition that as per the Circular of the GAD dated 1.7.2013, the petitioner shall be required to clear the computer proficiency test as per Circular dated 1.7.2013. The respondents further submitted that all the Class IV employees who hold requisite qualification of office assistant grade-III may be promoted on such post for two years of probation period subject to provisions contained under Circular dated 31.8.2010 and 01.04.2003 and during probation period of two years the s aid promoted employees must obtain computer proficiency test from the recognised institution and in case if such examination is not qualified then further period to qualify the examination can be increased upto three years but Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 21-12-2023 17:13:24 3 overall it could be extended not beyond five years. In the event, respective employee does not acquire such qualifying examination within stipulated time period then such person shall be reverted back to their original post of Class IV. The relevant para of the circular dated 31.8.2010 issued by the GAD is reproduced here as under:-
राज्य शासन ारा िनणय लया गया िक ऐसे चतुथ ेणी कमचारी जो सहायक ेड-3 के पद पर िनयुि के लए अहता रखते है, को उक्त पद पर दो वष क परी ण अव ध पर इस शत के साथ िनयुि दी जाये िक इस अव ध म उन्ह मान्यता बोड से िहन्दी मु लेखन क परी ा उत्त ीण तथा प रप िदनांक 12.06.2009 म उल्ले खत मान्यता ाप्त संस्थाओं म से िकसी एक संस्था से कम्प्यट ू र परी ा उत्त ीण करना होगी। यिद इस अव ध म कोई उक्त परी ा उत्त ीण नह करता है, तो उसक परी ण अव ध आगे तीन वष तक बढ़ायी जा सकेगी, िकन्त ु ऐसे मामले म कुल परी ण अव ध 5 वष से अ धक नह होगी। यिद 5 वष क परी ण अव ध म संबं धत कमचारी ारा यह योग्यता ाप्त नह क जाती है तो उसे उसके मूल चतुथ ेणी के पद त्यावितत कर िदया जायेगा।
6 . It is argued that since the petitioner could not clear the aforesaid CPCT Test even within a period of five years and, therefore, as per the Circular dated 31.8.2010 he has been reverted to the original post. The said order is in confirmity with the Clause 2 of the promotion order dated 4.3.2014 and also GAD Circular dated 1.7.2013. In the Condition No.2 it is clearly mentioned that the petitioner was required to submit the computer proficiency test mark sheet/hindi typing test mark sheet. Despite issuance of number of reminders for submission of CPCT certificate, the petitioner could not submit the aforesaid certificate. It is also submitted that a show cause notice was issued to the petitioner on 15.11.2017, 24.11.2017, 22.12.2017, 8.7.2019 and 31.7.2019. In the reply to the show cause notice it is not stated that the petitioner has cleared CPCT test and has sought further time. The division bench of this Court has already held in the case of Ashwani Kumar Mishra Vs. State of MP WP Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 21-12-2023 17:13:24 4 No.14986/2017 that the CPCT is a mandatory qualification for the post of Office Assistant Grade III. The same view has been taken by the division bench i n WA No.871/2018 State of M.P. Vs. Sachin Alawa & another decided on 3.3.2020 whereby the writ appeal filed by the State has been allowed and CPCT qualification has been held to be mandatory.
7. After hearing learned counsel for parties and taking into consideration the Condition no.2 of promotion order which requires that the petitioner was under obligation to submit the CPCT examination. As per the Circular dated 31.8.2010 and 1.4.2003, during probation period of two years the said promotee employee was directed to obtain computer proficiency test from the recognised institution and in case if he is not qualified the said examination, the period can be extended upto three years but over all it can be extended not beyond five years. In the event respective employee does not clear such qualification within the stipulated period, then such person shall be reverted back to their original post of Class IV.
8 . In view of the aforesaid Condition contained in Circular dated 31.8.2019 and Condition No.2 of the promotion order, I do not find any illegality in the order passed by the respondents. Counsel for petitioner has fairly submitted that till this date the petitioner has not cleared the said CPCT certificate examination.
9. The petition is dismissed. No order as to costs.
(VIJAY KUMAR SHUKLA) JUDGE VM Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 21-12-2023 17:13:24