Madhya Pradesh High Court
Sunita Pathak vs The State Of Madhya Pradesh on 28 February, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 28 th OF FEBRUARY, 2023
WRIT PETITION No. 3943 of 2023
BETWEEN:-
SUNITA PATHAK W/O LT SH VANAY KUMAR PATHAK,
AGED ABOUT 50 YEARS, 101 TRANJIST HOSTEL MATA
MANDIR SOUTH TT NAGAR HUZUR BHOPAL TT NAGAR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI VIKASH SAMADHIYA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL CHIEF CONSERVATOR OF FOREST
ADMINISTRATIVE OFFICE II SATPURA BHAWAN
BHOPAL (MADHYA PRADESH)
2. ADDITIONAL PRINCIPAL CHIEF CONSERVATOR
OF FOREST (SAMANVAY) MADHYA PRADESH
(ADMINISTRATIVE OFFICE II) MADHYA PRADESH
SATPURA BHAWAN BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. GULABKALI PATEL - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioner is aggrieved by show cause notice dated 13.12.2022 (Annexure-P/1) passed by office of Additional Principal Chief Conservator of Forest, Bhopal whereby petitioner has been show caused for termination of services because she did not attain CPCT certificate.
2. Precisely stated facts of the case are that petitioner was appointed as Signature Not Verified Signed by: APARNA TIWARI Signing time: 3/4/2023 11:55:17 AM 2 compassionate appointee by the respondent vide order dated 16.04.2015 when she was more than 42 years of age. She was appointed on probation period of two years. As per clause 3 of the appointment letter, appointment of the petitioner was subject to the passing of Hindi Type Writing Exam and Computer Diploma from the recognized institute within a period of three years' from the date of appointment. Three years' may have extended up to one year on the basis of typing speed.
3. Petitioner passed diploma in computer application from Doctor C.V. Raman University, Bilaspur, Chhattisgarh in the year, 2016. Although, she does not qualify Hindi/English Typing Exam, yet she is able to perform her work with all efficiency since last 8 years from the date of her appointment.
4. Still petitioner has been show caused and threat has been given for termination therefore, this petition has been preferred.
5. It is the submission of learned counsel for the petitioner that she was a compassionate appointee because of death of her husband and she was governed by the policy dated 18.08.2008 issued by the State Government in this regard. Executive instructions issued by the State Government in respect of Computer Proficiency Certification Test (CPCT) on a subsequent stage and, therefore, the appointment made earlier cannot be disturbed on account of the fact that petitioner does not have CPCT qualification. Recruitment letter of petitioner was never required.
6. Learned counsel for the respondent opposed the prayer and submits that this is a case where petitioner is against show cause notice and final order is to be passed yet therefore, it is better if petitioner approaches the authority in pursuance to show cause notice.
7. Heard the learned counsel for the parties at length and perused the Signature Not Verified Signed by: APARNA TIWARI Signing time: 3/4/2023 11:55:17 AM 3 documents appended thereto.
8. This is a case where petitioner has challenged the show cause notice for termination of her services. Perusal of petition memo and arguments of learned counsel for the petitioner, it appears that petitioner was appointed as compassionate appointee because of death of her husband and at the time of appointment, she was more than 40 years of age, apparently 42 years. Therefore, circular of the State Government which dispensed with the qualification of typing examination has not been looked into by the concerned authorities. Circular dated 10.06.1994 issued by General Administration Department specially clause 20 indicates that widow of deceased employee if appointed on compassionate basis then she would not be bound by qualification regarding passing of hindi typing examination and understandably so because at that age it is difficult to attain proficiency in typing.
9. Be that as it may.
10. All these aspects as well as the submissions raised by petitioner in the present case before this Court are required to be addressed by the concerned departmental authority. Factum of compassionate appointment of a widow that too after 40 years and when she attained qualification of computer diploma then whether she can be dispensed with the requirement of CPCT examination are the questions which deserves to be answered by the departmental authority.
11. Therefore, this petition is disposed of with a direction that petitioner shall approach the authority and place all relevant rules and regulations and judgments passed by this Court from time to time to demonstrate about the application of different rules for attainment of qualification vis-a-vis compassionate appointment of a widow aged 42 years and after due Signature Not Verified Signed by: APARNA TIWARI Signing time: 3/4/2023 11:55:17 AM 4 consideration, appropriate order shall be passed under due intimation to the petitioner by passing a reasoned order. Till the representation is decided, petitioner shall be allowed to continue at her present place of job and thereafter also 15 days' breathing time shall be given so that in the case of any adversity, petitioner may have the opportunity to approach the Court for interim order/stay. Needless to say that while deciding the case of petitioner, compassion shall be shown by the authority because petitioner is a widow aged 50 years and a compassionate appointee.
12. Petition stands disposed of accordingly.
(ANAND PATHAK) JUDGE AT Signature Not Verified Signed by: APARNA TIWARI Signing time: 3/4/2023 11:55:17 AM