Madhya Pradesh High Court
The State Of Madhya Pradesh vs Lokesh Kushwah on 5 February, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:2328
1 WA-2128-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SURESH KUMAR KAIT,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 5 th OF FEBRUARY, 2025
WRIT APPEAL No. 2128 of 2024
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
LOKESH KUSHWAH
Appearance:
Shri Vivek Khedkar - Additional Advocate General for appellants.
Shri Raj Bahadur Singh Tomar - Advocate for the respondent.
ORDER
Per: Hon'ble Shri Justice Suresh Kumar Kait, Chief Justice The appellants/State have filed this appeal seeking the following reliefs :-
"A. To allow the writ appeal by setting aside the order dated19.04.2024 passed in WP No. 964 of 2020 passed by learned single judge and;
"B. The issue any other writ, order or direction as this Hon'ble. Court deems fit."
2. The present appeal has been filed on the ground that the learned writ court has erred in not considering the fact that the appointment of the petitioner was made in terms of the compassionate policy dated 18.08.2008 which was prevalent at the relevant time and in Clause 6.5 of the said policy the requirement of passing of Hindi Typing Test and Computer Diploma was Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 07-Feb-25 3:05:34 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:2328 2 WA-2128-2024 mentioned which is to be passed by the petitioner within one year and in case of wife the time was prescribed as three years. The said clause 6.5 of the compassionate policy was amended vide order dated 28.06.2011 issued by State Government wherein the clause 6.5 of the compassionate policy was amended as under :-
"2. रा य शासन ारा वचारोपरा त िनणय िलया गया है क उपरो ावधान को वलो पत करते हुए कं डका 6.5 िन नानुसार था पत क जाये:-
" दवंगत शासक य सेवक के आि त को सहायक ेड - 3 के पद पर अनुकंपा िनयु के िलये ह द मु लेखन पर ा एवं क यूटर ड लोमा / पर ा मा यता ा सं था से उ ीण कये जाने हे तु 3 वष का समय दया जावेगा । तीन वष म भी वांिछत पर ाएँ उ ीण न करने पर संबंिधत कमचार ारा पर ाएँ उ ीण करने के यास और टाइ 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 ाएँ उ ीण न करने पर उनक सेवाएं समा क जा सकेगी।"
3. Counsel appearing on behalf of the appellants submits that while adjudicating the case of the writ petitioner the learned writ court has not considered the amendment dated 28.06.2011 which empowers the authority to terminate the appointment made on compassionate ground in case of failure in not passing the Hindi Typing Test and Computer Diploma. From the facts it is not in dispute that the appointment of the petitioner on compassionate ground was made in terms of the compassionate policy dated 18.08.2008, therefore, the conditions as stipulated in the said compassionate policy are applicable to the petitioner and also governs his service conditions.
4. It is further submitted that the learned writ court has failed to appreciate that the writ petitioner was fully aware of the conditions of compassionate policy dated 18.08.2008, which clearly specified the requirement to pass the Hindi Typing Test and Computer Diploma within the stipulated time. The petitioner's appointment was conditional, and the failure Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 07-Feb-25 3:05:34 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:2328 3 WA-2128-2024 to meet these conditions would result in termination, which is an inherent part of the appointment order itself even if not explicitly stated.
5. Lastly counsel for appellants submits that if this Court is not inclined to interfere in the present appeal, the order of the writ court deserves to be modified to the extent that the arrears should not be allowed and the increments would only be applicable from the date when the petitioner passed the CPCT examination in the year 2020.
6. On perusal of the impugned order, we note that after hearing the learned counsel for the parties, the writ court did not find any reason to differ and found that so far as the consequence of non compliance of conditions of appointment order is concerned, there is nothing to indicate that if the Hindi Typing examination and Computer Diploma is not completed within a period of one year (earlier it was three years), the service of the writ petitioner would be terminated rather in clause 5 it only mentioned that if after completion of probation period the petitioner has not cleared the Hindi Typing Examination and Computer Diploma from a recognized Institution, he would not be entitled for yearly increment, thus, in the light of judgment of Division Bench in the matter of Manish Sharma Vs. State of M.P. & another passed in W.A. No.153/2022 vide order dated 24.02.2022, the writ court held that the order of termination dated 02.01.2020 (Annexure P/1) is bad in law.
7. It is not in dispute that the writ petitioner had already cleared the CPCT Examination and as clearing of Hindi Typing Examination is now not required, in the light of the observation made in the matter of Kumari Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 07-Feb-25 3:05:34 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:2328 4 WA-2128-2024 Resham Meghwal Vs. State of M.P. and another passed in W.P. No.9524/2020 on 03.11.2020, that the M.P. Educational Board has discontinued Hindi Typing Examination since 2013, he is required to be reinstated on the post of Assistant Grade-III.
8. As noted above, the writ petitioner had already passed the Hindi Typing Test and the Computer Diploma in the year 2022, therefore, we hereby modify the order of the learned Single Judge to the extent that the writ petitioner is not entitled for the arrears. However, he shall be entitled for increments from the year 2022. Except the above opinion of this Court, the respondents are directed to comply with the impugned order passed by the learned Single Judge within a period of two weeks from today. Impugned order stands affirmed with aforesaid modification.
9. The appeal is accordingly disposed of.
(SURESH KUMAR KAIT) (ANAND PATHAK)
CHIEF JUSTICE JUDGE
SKM
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 07-Feb-25
3:05:34 PM