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Madhya Pradesh High Court

Mahatma Gandhi Medical College vs Resham Meghwal on 9 July, 2022

Author: Vivek Rusia

Bench: Vivek Rusia, Anil Verma

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                                                         WA No. 109/2021



       IN THE HIGH COURT OF MADHYA PRADESH
                             AT INDORE
                               BEFORE
               HON'BLE SHRI JUSTICE VIVEK RUSIA
                                   &
               HON'BLE SHRI JUSTICE ANIL VERMA

                        ON THE 9th OF JULY, 2022

                 WRIT APPEAL No. 109 of 2021

  Between:-
   MAHATMA GANDHI MEDICAL COLLEGE CHIEF EXECUTIVE
1. OFFICER AND DEAN M.G.M. MEDICAL COLLEGE, INDORE
   (MADHYA PRADESH)
   PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC HEALTH AND
2. FAMILY WELFARE VALLABH BHAWAN, BHOPAL (MADHYA
   PRADESH)
                                                     .....APPELLANT
  (SHRI HARSHWARDHAN SHARMA ADVOCATE FOR APPELLANTS)

  AND

  RESHAM MEGHWAL D/O SHANKAR LAL , AGED ABOUT 27
  YEARS, OCCUPATION: ASSISTANT GRADE III MENTAL HOSPITAL
  CAMPUS (MADHYA PRADESH)
                                                   .....RESPONDENTS
  (RESPONDENT PRESENT IN PERSON)
This appeal coming on for orders this day, JUSTICE VIVEK RUSIA
passed the following:

                               ORDER

The appellants have filed this appeal against order dated 3.11.2020 whereby the learned Writ Court has allowed the writ petition filed by the respondent directing her reinstatement without

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back-wages.

Facts of the case, in short are as under :

The mother of the writ petitioner/respondent died while working in the Department of Health. The respondent being the daughter applied for compassionate appointment. Vide order dated 27.12.2012 the Superintendent, MGM Medical College, Indore granted compassionate appointment to her on the post of Assistant Grade-III on probation of two years with a further condition to obtain certificate of Hindi typing/shorthand examination from the M.P. Typing/Shorthand Council and knowledge of computer operation which is a mandatory qualification for appointment on the post of Assistant Grade-III. The respondent did diploma in Computer Application from Maharishi Mahesh Yogi Vedic Vishwavidyalaya, M.P. In the year 2018. The respondent was also informed that her probation period would be regularised only after acquiring the Computer Diploma or clearance of CPCT examination. Various reminders were sent to the respondent. The respondent also submitted representations seeking time to obtain the CPCT certificate.

A complaint was made to the appellants that the respondent has failed to acquire the minimum qualification for the post of Assistant Grade-III within 7 years from the date of her appointment on compassionate ground, therefore, she is not liable to be continued in Government service. On the basis of the aforesaid complaint, the appellants have terminated the respondent from service by cancelling her appointment.

Being aggrieved by the aforesaid termination, the respondent approached this Court by way of W.P. No.9524/2020. The appellants

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filed the reply that under the circular dated 18.8.2008 the respondent was appointed on compassionate ground to the post of Assistant Grade-III on probation of two years with a condition to obtain Hindi Typing certificate along with proficiency in computer. In the light of circular dated 28.6.2011 time was granted to all the candidates to pass Hindi Typing Examination within a period of 3 years. Thereafter, vide circular dated 1.7.2013 the mandatory requirement of Hindi Typing was substituted with Computer Proficiency Certification Test (CPCT) conducted by the Professional Examination Board. It was also submitted by the respondents that the Division Bench of this Court in the case of State of M.P. V/s. Sachin Alawa (W.A. No.871/2018) has held the qualification of CPCT to be an essential qualification for the post of Assistant Grade-III, therefore, no illegality has been committed in terminating the services of the respondent.

Vide order dated 3.11.2020 learned Writ Court has allowed the writ petition on the ground that the circular dated 18.8.2015 is having prospective effect and the services of the petitioner cannot be put to an end on account of non-acquiring qualification of CPCT especially when she is holding the Diploma in Computer Application. The learned Writ Court has directed the appellants to reinstate the respondent in service without back-wages with all consequential benefits. Hence the present writ appeal before this Court.

This writ appeal is filed on the grounds which have already been taken before the Writ Court in the return and learned Govt. Advocate has argued before us. The respondent who is present in person, submits that she is the only earning member in the family. After the death of her mother, she was given compassionate

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appointment in the year 2012 and she served the appellants for 9 years without any complaint. She was given appointment on 27.12.2012 and thereafter the Board of Secondary Education has stopped taking examination of Hindi Typing from 2013. She further submits that she has obtained One Year Diploma from the University which is equivalent to CPCT. She has abruptly been terminated from service during Corona period. She, however, submits that if she is reinstated in service, she will obtain the CPCT certificate and for which some reasonable time may be granted.

For the aforesaid reasonable prayer, learned counsel appearing for the appellants submits that this writ appeal may be disposed of with a direction to the respondent to obtain the minimum qualification i.e. CPCT within a period of one year and if she fails to acquire the same within one year, then her appointment shall come to an end.

We have heard the learned counsel for the parties.

It is not in dispute that the respondent being the daughter of an employee who died in harness was given compassionate appointment. She had worked for 9 years with the appellants and there is no complaint against her. She was under a bona fide impression that since she has acquired the Diploma in Computer Application which is equivalent to the CPCT, therefore, she need not to acquire the said CPCT certificate. However, she submits that she will obtain the said certificate within a year after reinstatement in service.

In view of the above, this writ appeal is disposed of. The appellants are directed to reinstate the respondent in service forthwith in compliance of the order passed by the writ Court. The respondent shall acquire the CPCT certificate within a period of one year from the

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date of her reinstatement in service. If the respondent fails to acquire the said certificate within one year, then the appellants shall be at liberty to take action against her in accordance with law. At the most, she could be reverted to the Class-IV post for which there is no minimum qualification and which permits under the Policy of Compassionate Appointment.

With the aforesaid, this writ appeal stands disposed of.

         [ VIVEK RUSIA ]                              [ANIL VERMA]
             JUDGE.                                      JUDGE.
Alok/-

Digitally signed by ALOK GARGAV
Date: 2022.07.11 18:49:50 +05'30'