Madhya Pradesh High Court
Ajendra Tiwari vs The State Of Madhya Pradesh on 13 February, 2025
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
WRIT PETITION No. 27333 of 2024
AJENDRA TIWARI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
.........................................................................................................
Appearance:
Shri D.K. Dixit - Sr. Advocate with Shri Anshul Dixit - Advocate for the
petitioner.
Shri Amit Sharma - Govt. Advocate for the respondents / State.
..........................................................................................................
ORDER
(Reserved on : 06.02.2025) (Pronounced on :13.02.2025) The present petition has been filed claiming annual increment from the date of initial appointment of the petitioner which is alleged to be not allowed to the petitioner in illegal and arbitrary manner.
2. Shri D.K. Dixit, learned senior counsel contends that the case of the petitioner is that he was appointed on compassionate basis on the post of Assistant Grade -III in the Department of Treasuries and Accounts, District Narsinghpur which was on account of death of his father while in harness. It is contended that the compassionate appointment was granted vide order (Annexure P-1) dated 29.01.2016 and as per condition No.6 thereof only requirement was to obtain computer diploma within a period of two years Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 13-02-2025 5:09:39 PM 2 and if the employee does not obtain computer diploma within the aforesaid period of two years then his services are liable to be terminated.
3. It is further argued that the petitioner had already obtained the qualification of Diploma in Computer Application (DCA) from Makhan Lal Chaturvedi National University of Journalism and Communication Bhopal which is a State run university and thus, he already had the said diploma.
4. It is further argued that the respondent wrongly harped upon the petitioner to obtain Computer Proficiency Certification Test (CPCT) qualification in the garb of requirement to computer diploma, though it was not required as per condition of appointment order. Still the petitioner obtained the said qualification in September, 2022 and thereafter his increments have been released. However, his increment ought to have been released after one year of his initial appointment because firstly the requirement to the CPCT was not there as per appointment order and secondly, even if such requirement was there then the petitioner obtained the qualification and same will relate back to his initial date of appointment.
5. Per contra, it is contended by learned counsel for the State that CPCT was an essential qualification which the petitioner did not have and therefore, petitioner cannot contend that he should be granted annual increments from the initial date of appointment and also that petitioner was not subjected to termination of his services after breathing time of two years which itself is an indulgence given to the petitioner by the State and now he cannot say that he should be granted increments from the first date of appointment.
Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 13-02-2025 5:09:39 PM 36. Heard.
7. It is undisputed that petitioner has been appointed on clerical post which was earlier known as Lower Division Clerk (LDC) and subsequently re-designated as Assistant Grade -III (AG-III). For clerical post Hindi Typing Examination used to be the requisite qualification but subsequently, the State took note of the fact that in Government functioning more and more use of computers is taking place and the person needs to be well versed in computer typing as well as in operating the computer. For that purpose, the State Government Department of GAD vide circular dated 01.07.2013 did away with the requirement of Hindi Typing Examination and in its place, put in place requirement of computer typing qualification with 30 words per minute speed in Hindi typing from M.P.Vyavasayik Pariksha Mandal. Subsequently vide circular dated 26.02.2015 (Annexure R-1) the said requirement was modified and in place of computer typing proficiency, the requirement of Computer Proficiency Certification Test (CPCT) was put in place which is composite test of computer proficiency and typing. Para-1 of circular (Annexure R-1) reads as under:-
**lkekU; iz'kklu foHkkx ds mijksDr lanfHkZr ifji= fnukad 01 tqykbZ] 2013] }kjk fgUnh eqnzys[ku ijh{kk dh vfuok;Zrk dks lekIr djrs gq, e/;izns'k O;kolkf;d ijh{kk e.My ls 30 'kCn izfrfefuV dh xfr ls dEI;wVj Vk;fiax n{krk izek.k i= dks vfuok;Z fd;k x;k FkkA mDr izko/kku dks la'kksf/kr djrs gq, O;kie ds LFkku ij foKku ,oa izk| S ksfxdh foHkkx }kjk vk;ksftr dEI;wVj n{krk izek.khdj.k ijh{kk Computer Proficiency Certification Test (CPCT) izek.k i= (Ldksj dkMZ) dks ekU; fd;k tkrk gSA**"
8. The certificate of CPCT (Annnexure P-7) also makes it clear that CPCT certification is having two components i.e. computer proficiency as well as Hindi typing and English typing. The petitioner vide certificate Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 13-02-2025 5:09:39 PM 4 (Annexure P-7) has qualified computer proficiency and Hindi typing as well as English typing.
9. This Court posed a query to learned counsel for the petitioner that whether he is having a separate qualification of Hindi typing, if he wants that his DCA certificate should be treated to be sufficient. The learned senior counsel for the petitioner was unable to state that the petitioner has separately obtained any Hindi typing certificate or qualification.
10. The petitioner was appointed on compassionate grounds. At the relevant point of time the compassionate appointment policy of the State Government dated 29.09.2014 was in place which is still in vogue. The petitioner is admittedly was appointed on 29.01.2016 which is after the compassionate policy dated 29.09.2014 and after issuance of circular (Annexure R-1) dated 26.02.2015. The compassionate appointment policy dated 29.09.2014 mentions as under in para-6.5:-
" दवंगत शासक य सेवक के आि त को सहायक ेड-3 के पद पर
अनुकंपा िनयु के िलये क यूटर ड लोमा तथा क यूटर टाय पंग
द ता माण प पर ा मा यता ा सं था से उ ीण कये जाने हे तु 3
वष का समय दया जावेगा। तीन वष म भी वांिछत पर ाएं उ ीण न
करने पर संबंिधत कमचार ारा पर ाएं उ ीण करने के यास और
टाय पंग मता जो अ जत क गई हो, को दे खते हुए िनयो ा अिधकार
ारा एक वष क अविध और बढ़ाई जा सकती है । इस अविध के यतीत
होने पर भी संबंिधत कमचार ारा वांिछत पर ाएं उ ीण न करने पर
उनक सेवाएं समा क जा सकगी।"
11. As per the aforesaid para-6.5, it is clearly provided that for all dependants of Government servant who are appointed on the post of Assistant Grade-III on compassionate grounds, computer diploma and computer typing proficiency certificate are essential for which the time of three years will be given and the said time limit can be extended by a Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 13-02-2025 5:09:39 PM 5 period of one year by the appointing authority and in default of the employee acquiring the qualification within four years, then his services are liable to be terminated. The petitioner admittedly did not obtain CPCT certification within four years but obtained it more than six years after his appointment. Therefore, sufficient indulgence has been given to the petitioner by the State Government by retaining him in service and granting him repeated opportunity to qualify CPCT certification. He having been allowed to save his appointment cannot now claim increments from the first date of appointment as he did not have the requisite qualification for the post on that date.
12. So far as the language employed in the appointment order (Annexure P-1) of requirement to obtain computer diploma examination is concerned, the same has to be read along with the mandatory conditions of the compassionate appointment policy and choice of wrong words in the appointment order cannot permit the petitioner to seek estoppel and get over the mandatory conditions of compassionate appointment policy under which he was appointed and so also the circular of General Administration Department (Annexure R-1) which was made applicable to all the departments of the State prior to his appointment. Consequently, the petition being devoid of merits stands dismissed.
(VIVEK JAIN) JUDGE nks Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 13-02-2025 5:09:39 PM