Madhya Pradesh High Court
Smt. Rashmi Sakhwar vs The State Of Madhya Pradesh on 20 September, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 23991 of 2023
(SMT. RASHMI SAKHWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 20-09-2023
Shri Jitendra Sharma, Shri K.K. Sharma and Ms. Smrati Sharma - Advocate for the
petitioner.
Shri N.S. Tomar - Government Advocate for the respondents/State.
1. Heard on admission / stay.
2. Petition is a lady aged 48 years and is aggrieved by the order dated 26.06.2023d (Annexure P/1) passed by the respondent No.2/Joint Director, Public Instructions, Gwalior whereby petitioner's services have been directed to be terminated on the ground of non-qualification of CPCT examination.
3 . Petitioner is compassionate appointee because of death of her husband vide order of appointment dated 17.05.2016. As per appointment order, she had to qualify the Computer Diploma and CPCT and out of which she acquired diploma of PGDCA from appropriate college but could not qualify CPCT. Since condition of CPCT/Hindi Typing was dispensed with vide circular dated 27.04.2020 issued by the General Administration Department, therefore, such termination is contrary to the very spirit of the circular.
4. Issue notice to the respondents on payment of process fee within seven working days, through RAD mode, failing which the petition shall stand dismissed without further reference to this Court.
5. Notice be made returnable within four weeks.
6 . Till next date of hearing, effect and operation of impugned order dated 26.06.2023 shall be kept in abeyance and petitioner shall be allowed to continue at her present place of posting.
7. List this case in the week commencing 06.11.2023.
Signature Not Verified Signed by: RASHID KHAN Signing time: 20-09-2023 07:10:06 PM 28. Respondents are directed to file reply meanwhile.
(ANAND PATHAK) JUDGE Rashid Signature Not Verified Signed by: RASHID KHAN Signing time: 20-09-2023 07:10:06 PM