Madhya Pradesh High Court
Mahendra Dahate vs The State Of Madhya Pradesh on 26 November, 2024
NEUTRAL CITATION NO. 2024:MPHC-JBP:57744
1 WP-29448-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 26th OF NOVEMBER, 2024
WRIT PETITION No. 29448 of 2022
MAHENDRA DAHATE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Palash Upadhyay - Advocate for the Petitioner.
Shri T.K. Khadka - Panel Lawyer for the Respondent/State.
ORDER
The present petition calls into question the Order Annexure P-6 whereby the petitioner No.1 has been intimated that his annual increments on the promotional post of Assistant Grade III cannot be granted unless he attains the qualification of Computer Proficiency and Certification Test (CPCT for short).
2. The brief facts necessary for purpose of disposal of the present petition are that the petitioners were appointed on the Class IV post of Peon under the Office of Joint Director, Treasury and Accounts, Jabalpur Division, Jabalpur and vide Order dated 11.09.2013 Annexure P-1, they were promoted to the post of Assistant Grade III which is a Class III post. After the Order Annexure P-1 was passed, thereafter, a condition was imposed in the said promotion Order dated 23.08.2013 vide Annexure P-2 to the effect that the petitioners would have to attain Computer Proficiency Certificate of Hindi Typing within two years failing which the petitioners shall be reverted Signature Not Verified Signed by: KRISHNA SINGH Signing time: 28-11-2024 5:33:10 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57744 2 WP-29448-2022 to the Class IV post and their promotion would be liable to be cancelled.
3. It is the case of the petitioners that their increments were not released and then, when the petitioners represented for release of increments, they have been intimated vide Annexure P-6 dated 16.03.2021 that unless they qualify CPC Test, their annual increments cannot be released.
4. Learned counsel for the petitioner has argued that a new condition could not be inserted in the promotion Order after a period of one year which was not initially there in the promotion order. It is further argued that even if the condition is deemed to be enforceable, then as per Annexure P-3 dated 01.04.2003, the State has granted exemption to those employees from attaining Computer proficiency and Typing examination who attained the age of 45 years and therefore, when the petitioners attained the age of 45 years from that date, their increments could be released.
5. Per contra, it is the case of the State by referring to the reply that vide Annexure R-1, the statutory Rules have been framed by the State known as M.P. Treasury Ministerial Services (Recruitment and Conditions of Service) Rules, 1965 and as per Rule 13, the employees appointed to the service either by direct recruitment or by promotion have to attain such Training and pass the Departmental Examination as laid down by the State Govt. It is further the case of the State that the Promotion Order Annexure P- 1 was issued in ignorance of the Circular issued by the General Administration Department Annexure R-2 dated 01.07.2013 whereby the requirement of attaining CPCT qualification was inserted by the State Govt.
6. Learned counsel for the State further relies on Annexure R-2 dated Signature Not Verified Signed by: KRISHNA SINGH Signing time: 28-11-2024 5:33:10 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57744 3 WP-29448-2022 01.07.2013 which mentions that now due to increasing use of Computer in Govt. functioning hence, in place of Hindi Typing Certificate, the State would recognize Computer Typing and Proficiency Certificate and one year COPA Certificate issued by the ITI's. By the same Order, the State Govt. did away with the requirement of manual Hindi Typing Examination and in its place, set up the requirement of attaining Hindi Computer Proficiency Certification Test or CPCT. As the petitioners have failed to attain the qualification even till date, therefore, the petitioners are not entitled to get increments on the promotional post.
7. So far as the requirement of attaining CPCT qualification is concerned, it has been set up by the State Govt. vide Annexure R-2 dated 01.07.2013 which is upon considering the needs of the Offices of the State Govt. wherein increasing computerization is being made and use of computers in almost all Govt. functioning is put in place. Therefore, in place of manual Hindi Typing test, the State Govt. has set up a new requirement of attaining CPCT that amounts to Computer Proficiency Test in Hindi Typing. Therefore, the requirement in Annexure P-2 directing the petitioners to acquire Hindi Typing Test and English Proficiency Test cannot be faulted with and the requirement imposed on the petitioners by Annexure P-2 cannot be said to be illegal or irrational in any manner. The requirement of attaining CPCT qualification has already been put in place on 01.07.2013 which is prior to the issuance of promotion Order.
8. At this stage, learned counsel for the petitioner had heavily relied on exemption clause in Circular dated 01.04.2003. By the said Circular, the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 28-11-2024 5:33:10 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57744 4 WP-29448-2022 State Govt. has laid down that Class IV employees will be considered for Class III posts only upon attaining the requisite educational qualification for Class III posts and it is further provided that there would be a condition in the promotion Order that they would have to attain Hindi Typing and Computer Proficiency Qualification within two years and if they fail to attain such qualifications within two years, then they would be reverted to Class IV posts.
9. The relevant part of the aforesaid Circular reads as under:-
"2. शासक य कामकाज म क यूटर से बढ़ते उपयोग को दे खते हुए ऐसे कमचा रय का शासक य काय म सीिमत उपयोग हो पाता है . अत: रा य शासन ारा िनणय िलया गया है क ऐसे चतुथ ण े ी कमचार , जो सहायक ेड-3 के पद पर िनयु के िलये वांिछत शै णक अहता रखते ह, केा उ पद पर 2 वष क पर ा अविध पर इस शत के साथ िनयु द जाये क इस अविध म उ ह मा यता ा बोड से ह द मु लेखन क पर ा उ ीण करना होगी तथा क यूटर संचालन क यो यता ा करना होगी. य द दो वष क पर ण अविध म संबंिधत कमचार ारा यह यो यता ा नह ं कर ली जाती है , तो उ ह उनके मूल चतुथ णे ी पद पर यावितत कर दया जाये. 45 वष से अिधक आयु के चतुथ े ी कमचा रय को उ शत से छूट दान क जाये."
ण
10. The aforesaid provision of Circular dated 01.04.2003 lays down that Class IV employees upon being promoted to Class III posts would have to acquire Computer Typing qualification as well as Computer proficiency. Though, no particular qualification is laid down that what will be the Hindi Typing Qualification and what would be the Computer Proficiency Qualification but the twin requirements are still there. The CPCT is a composite test of Typing and Computer proficiency which cannot be said to be a new requirement which was not there at the time of issuance of Signature Not Verified Signed by: KRISHNA SINGH Signing time: 28-11-2024 5:33:10 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57744 5 WP-29448-2022 exemption Circular dated 01.04.2003 Annexure P-3. The said Circular dated 01.04.2003 also lays down twin requirements of Hindi Typing and Computer proficiency but at the same time, grants exemption to Class IV employees completing 45 years of age.
11. Nothing has been stated in the reply that how the exemption clause is not applicable to the petitioners and whether the said exemption Circular has been withdrawn or modified by the State. It is only countered by stating in para 6 of the reply that CPCT has been made mandatory by GAD Circular dated 01.07.2013. However, once the State Govt. has already taken a decision on 01.04.2003 to grant exemption to Class IV employees having age more than 45 years from typing and computer proficiency test in the matter of promotion to Class III posts, the said Circular cannot not be said to be inapplicable to the Petitioners. It was open for the State to have withdrawn the said Circular at any point of time if it so wished, however, the State has not withdrawn the said Circular which carves out a special provision for Class IV employees seeking promotion to Class III posts, having completed 45 years of age.
12. Resultantly, the petition deserves to be and is hereby partly allowed. The petitioners would be entitled to get increments and other benefits of Class III post of Assistant Grade III from the date, they attained the age of 45 years.
Signature Not Verified Signed by: KRISHNA SINGH Signing time: 28-11-2024 5:33:10 PMNEUTRAL CITATION NO. 2024:MPHC-JBP:57744 6 WP-29448-2022
13. Let necessary calculation be made and benefits extended to the petitioners within a period of three months from the date of production of certified copy of this Order.
(VIVEK JAIN) JUDGE veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 28-11-2024 5:33:10 PM