Madhya Pradesh High Court
M.P. Pashchim Kshetra Vidyut Vitaran ... vs Dilip Makwana on 20 January, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 WA-213-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 20th OF JANUARY, 2025
WRIT APPEAL No. 220 of 2023
MADHYA PRADESH PASCHIM KSHETRA VIDYUT VITRAN CO.
LTD. AND OTHERS
Versus
SANJAY
Appearance:
Shri Madhusudan Dwivedi, learned counsel for the appellants.
Shri Ayushyaman Choudhary, learned counsel for the respondent.
WITH
WRIT APPEAL No. 210 of 2023
M.P. PASHCHIM KSHETRA VIDYUT VITARAN COMPANY LTD.
THROUGH ITS MANAGING DIRECTOR AND OTHERS
Versus
VIKRAM SINGH SHAKTAVAT
Appearance:
Shri Madhusudan Dwivedi, learned counsel for the appellants.
Shri Ayushyaman Choudhary, learned counsel for the respondent.
WRIT APPEAL No. 212 of 2023
M.P. PASHCHIM KSHETRA VIDYUT VITARAN COMPANY LTD.
AND OTHERS
Versus
VIJAY YADAV
Appearance:
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 23-01-2025
10.58.08 AM
2 WA-213-2023
Shri Madhusudan Dwivedi, learned counsel for the appellants.
Shri Ashok Kumar Sethi, learned Senior Counsel assisted by Shri
Harish Joshi, learned counsel for the respondent.
WRIT APPEAL No. 213 of 2023
M.P. PASHCHIM KSHETRA VIDYUT VITARAN COMPANY LTD.
THROGUH ITS MANAGING DIRECTOR AND OTHERS
Versus
DILIP MAKWANA
Appearance:
Shri Madhusudan Dwivedi, learned counsel for the appellants.
Shri Ashok Kumar Sethi, learned Senior Counsel assisted by Shri
Harish Joshi, learned counsel for the respondent.
WRIT APPEAL No. 221 of 2023
M.P. PASHCHIM KSHETRA VIDYUT VITARAN COMPANY LTD.
AND OTHERS
Versus
JAY
Appearance:
Shri Madhusudan Dwivedi, learned counsel for the appellants.
Shri Ayushyaman Choudhary, learned counsel for the respondent.
WRIT APPEAL No. 226 of 2023
M.P. PASHCHIM KSHETRA VIDYUT VITARAN COMPANY LTD.
THROUGH ITS CHIEF GENERAL MANAGER AND OTHERS
Versus
DINESH
Appearance:
Shri Madhusudan Dwivedi, learned counsel for the appellants.
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 23-01-2025
10.58.08 AM
3 WA-213-2023
Shri Ayushyaman Choudhary, learned counsel for the respondent.
ORDER
Per: Justice Vivek Rusia These bunch of Writ Appeals are filed by the appellants under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 12.09.2022 passed by the Writ Court, whereby six writ petitions have been allowed.
02. The respondent / writ petitioner in each writ petition was given the compassionate appointment to the post of Assistant, Grade - III with certain conditions. They gave an affidavit that they would produce ''the Computer Efficiency Certification Test (CPCT) score card'' with a period of six months. Since they failed to submit the CPCT score card, a show-cause notice was given to each of them. They were granted an additional six months' time to produce the CPCT score card, but they failed to produce the same. Therefore, vide the impugned order, their services were terminated. Hence, they approached the High Court by way of writ petitions.
03. The appellants / respondents filed a reply in the writ petition by submitting that as per the Recruitment Rules, for the post of Assistant, Grade
- III, the candidates must possess the CPCT score card, and such a statutory condition cannot be relaxed. Hence, in absence of such certificates, their services have rightly been terminated. So far as their accommodation on Class - IV post is concerned, the posts of Lineman are reserved for compassionate appointment, for which also I.T.I. certificate is required, and none of the petitioners possesses the said certificate, hence, the alternative Signature Not Verified Signed by: RAVI PRAKASH Signing time: 23-01-2025 10.58.08 AM 4 WA-213-2023 relief cannot be given to them.
04. The Writ Court has placed reliance upon a judgement passed by the Division Bench in the case of Mahatma Gandhi Medical College, Chief Executive Officer & Dean, MGM Medical College, Indore & Another v/s Resham Meghwal D/o Shankar Lal (Writ Appeal No.109 of 2021) by granting one year's time from the date of reinstatement into the service to acquire CPCT qualification. The Writ Court also observed that if they failed to acquire such certificate, then the appellants / company shall be at liberty to take action in accordance with law, and at the most, they could be reverted to the Class - IV post, for which there is no minimum qualification as is permitted by the Policy for Compassionate Appointment.
05. In compliance of the aforesaid order, all the writ petitioners have been reinstated into the services, but simultaneously the appellants / Company has preferred these writ appeals challenging the order passed by the Writ Court.
06. Shri Dwivedi, learned counsel for the appellants, submits that as per the terms and conditions of the appointment and the affidavits given by them, they were required to submit a CPCT score card within a period of six months. Since they could not produce the CPCT score card, therefore, they were rightly terminated. The Writ Court has wrongly given them further one year's time for producing such certificate. So far as the direction of reversion and appointment on Class - IV post is concerned, the same is not possible because posts of Lineman and Line Attendant (Samvida) are identified for grant of compassionate appointment. For the said post also, the educational Signature Not Verified Signed by: RAVI PRAKASH Signing time: 23-01-2025 10.58.08 AM 5 WA-213-2023 qualification of passing of Xth Class with Over Head Certificate issued by the State of Madhya Pradesh or I.T.I. is required, and none of the petitioners possess the said certificate. The Writ Court has wrongly observed that there is no minimum qualification for the Class - IV posts. In support of the aforesaid contention, learned counsel for the appellants has placed reliance upon a judgement delivered by the Apex Court in the case of Rajasthan State Road Transport Corporation & Others v/s Revat Singh reported in (2015) 11 SCC 802.
07. Learned counsel appearing in W.A. Nos.220 of 2023, 210 of 2023, 221 of 2023 & 226 of 2023 submits that now these writ petitioners have obtained the CPCT score card, hence, they are now fulfilling the qualifications for the post in question and the Writ Appeal be dismissed.
08. The fact remains that the writ petitioners were given the compassionate appointment. In the order of compassionate appointment, although there is a condition they shall produce the CPCT score card within a period of six months, but consequence of the same has not been mentioned to the effect that in case of non-production of such score card, their services will be terminated. Before issuing the appointment order, the appellants took an affidavit from them that, in case they failed to produce a valid and qualified CPCT score card, their services would be terminated. However, Clause 11 of the appointment order says that the selected candidates shall be appointed in regular cadre after successful completion of the training period and will be on probation for a period of two years, during which his / her performance shall be monitored. In this clause, there is no such condition Signature Not Verified Signed by: RAVI PRAKASH Signing time: 23-01-2025 10.58.08 AM 6 WA-213-2023 that he shall be appointed in regular cadre only after production of CPCT score card.
09. However, the fact remains that the minimum qualification for the Class - III post is a CPCT score card along with other educational qualifications. Since the appellants appointed the writ petitioners on compassionate ground, therefore, after serving five years in the establishment, it would be very harsh for them to leave services, especially when they have now acquired the minimum qualification.
10. In return / writ appeals, nothing adverse has been stated about their working. Since their appointment and after reinstatement, they have been successfully working as Assistant - Grade III. Therefore, we do not find any reason to interfere with the order passed by the Writ Court. Hence, the respondents in W.A. Nos.220 of 2023, 210 of 2023, 221 of 2023 & 226 of 2023 be regularized as they possess the requisite qualification.
11. In view of the above, W.A. Nos.220 of 2023, 210 of 2023, 221 of 2023, & 226 of 2023 stand dismissed.
12. So far as the respondents / writ petitoners in W.A. Nos. 212 of 2023 & 213 of 2023 are concerned, admittedly, they have not obtained the CPCT score card despite being afforded one year's extra time by the Writ Court. Upon asking, it is informed that they did not even try to participate in the examination to acquire CPCT. Had it been a case that they tried and remained unsuccessful, we could have considered giving one more opportunity, but it appears that no serious efforts have been made by them to get the CPCT score card. Since they got the appointment easily and out of Signature Not Verified Signed by: RAVI PRAKASH Signing time: 23-01-2025 10.58.08 AM 7 WA-213-2023 turn by way of compassion shown by the appellant, therefore, they have no value of the said appointment. Hence, no further time is liable to be granted to them as they have no intention to get the CPCT score card.
13. So far as their reversion and appointment on Class IV post is concerned, admittedly, the appellants are bound by the policy. Under the policy, post of Line Attendant is reserved to be filled by way of the compassionate appointment, and the rest of the Class - IV posts either have been abolished or by way of out sourcing. Therefore, if these respondents acquire the qualification of I.T.I., they shall be considered for compassionate appoinment on Class - IV post till then they are not liable to continue into the service for want of essential qualification.
14. With the aforesaid, W.A. Nos. 212 of 2023 & 213 of 2023 stand allowed.
Let a signed copy of this order be kept in the connected appeals also.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Ravi
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 23-01-2025
10.58.08 AM