Madhya Pradesh High Court
Shailendra Dubey vs The State Of Madhya Pradesh on 4 December, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2024:MPHC-JBP:59526
1 WP-29953-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 4 th OF DECEMBER, 2024
WRIT PETITION No. 29953 of 2022
SHAILENDRA DUBEY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manoj K.Mishra - Advocate for the petitioner.
Shri Jubin Prasad - Panel Lawyer for the respondents/State.
ORDER
The present petition has been filed assailing the order dated 03.02.2022 as well as 03.03.2022 passed by the respondent No.3, whereby the increment granted to the petitioner in lieu of Hindi Typing certificate examination has been withdrawn.
2. It is the case of the petitioner that he was given compassionate appointment on the post of Assistant Sub Inspector (Ministerial) vide order dated 11.11.2013. The petitioner joined the services on 12.11.2013. He submitted all the relevant documents for appointment to the post in question. On 27.08.2016, regular salary increment was granted to the petitioner. Since appointment petitioner continued to be in service and was serving the respondent/department with utmost devotion and sincerity. No complaints were made against the petitioner at any point of time. On 03.02.2022, the respondent No.3 issued an order stating that the petitioner has not submitted Hindi Typing certificate in terms of Computer Proficiency Certification Test Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 07-12-2024 15:22:27 NEUTRAL CITATION NO. 2024:MPHC-JBP:59526 2 WP-29953-2022 and, therefore, the benefit granted to him on 27.08.2016 was withdrawn. It is argued the the petitioner has completed his PGDCA and Hindi Typing course as well for which certificates were submitted before the authorities to get regular appointment. He made a representation to the respondent No.2 stating that the order has been passed without granting any opportunity of hearing to the petitioner. It is further submitted that the condition of passing of CPCT examination was introduced after the petitioner was already appointed. There was no such conditions of clearing CPCT examination in the appointment order of the petitioner. The authorities have declined the representation submitted by the petitioner, therefore, this petition is being filed.
3. It is argued that there is a notification of the Government dated 16.01.1992 whereby the employee who has attained the age of 40 years are not required to appear in the CPCT examination. It is clear from the document Annexure P-7 dated 16.01.1992. It is argued that Annexure P-7 dated 16.01.1992 was withdrawn by the authorities on 28.10.2022. Prior to the said date, the petitioner has already attained the age of 40 years which can be ascertained from the fact that the date of birth of the petitioner recorded in the appointment order is 02.11.1977. Therefore, he is entitled for exemption from submitting the CPCT certificate as directed by the authorities.
4. Counsel appearing for the State has submitted the reply and has placed on record, the circular dated 26.02.2015 which speaks mandatory requirement of submission of CPCT certificate. It is contended that if the appointment order of the petitioner is seen then there is a condition Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 07-12-2024 15:22:27 NEUTRAL CITATION NO. 2024:MPHC-JBP:59526 3 WP-29953-2022 mentioned for passing of Hindi Typing examination and should have knowledge of working on the computer for which three years + one year time is required to be granted. During the aforesaid period, the employee who has been appointed is required to submit such certificate before the authorities. Admittedly the petitioner has not submitted those certificates, therefore, the impugned order has been passed. He has prayed for dismissal of the petition.
5. Counsel appearing for the petitioner has filed a rejoinder pointing out the fact that even in the appointment order of the petitioner, no such condition of submission of CPCT certificate was incorporated. The only requirement was passing of Hindi Typing examination and knowledge of computer operations. The said condition of submission of CPCT certificate has been subsequently incorporated by the authorities. That is not applicable to the case of the petitioner. Hence this petition.
6. Heard the learned counsel for the parties and perused the record.
7. The record indicates that the petitioner was appointed on compassionate grounds vide order dated 11.11.2013 with the following conditions :-
" करण म ी शैले कुमार दब
ु े क अनुक पा िनयु सहा.उप
िनर क (अ)/िन.व.िल. के पद पर दाय क जानी है जसम आवेदक को ह द मु लेखन पर ा उ ीण होना आव यक है पर तु ी शैले समार दबु े ह द मु लेखन पर ा उ ीण नह ं है , ज ह ह द मु लेखन पर ा उ ीण कये जाने हे तु अनुक पा िनयु हे तु जार िनयम क.सी 3-4/1/06 भोपाल, दनांक 18.08.2008 एवं पुिलस मु यालय भोपाल के पृ ांकन .पुम/ु 2/चयन/स-4/01-ड /08 द.06.09.2008 क कं डका 06 के पैरा क.6.5 म मृतक शासक य सेवक क प ी के करण म प ी को ह द मु लेखन पर ा उ ीण करने एवं क यूटर संचालन के ान के िलए तीन वष का समय दये जाने एवं अ य आि त के िलए एक वष क अनुमित दये जाने के ावधान अनुसार ी शैले कुमार दब ु े को एक वष म ह द मु लेखन पर ण उ ीण कये जाने क अनुमित दान करते हुये अनुक पा िनयु करण म ी शैले कुमार दब ु े को शै णक अहता एवं शार रक अहता, च र स यापन म यो य पाये जाने पर कत य पर उप थत होने क दनांक से वेतनमान 5200-20200 तथा पया 1900- ेड पे एवं शासन दारा समय समय पर दे य मंहगाई भ े Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 07-12-2024 15:22:27 NEUTRAL CITATION NO. 2024:MPHC-JBP:59526 4 WP-29953-2022 पर पुिलस िश ण शाला मकरोिनया सागर म र सहा. उप िनर क (अ)/िन.व.िल. के पद पर अ थायी प से अि म आदे श तक अनुकंपा िनयु पुिलस अधी क पुिलस िश ण शाला कायालय मकरोिनया सागर म राहा उप िनर क (अ)/िन.व.िल. के पद पर दान क जाती है ।"
8. The date of birth of the petitioner recorded in the said certificate is 02.11.1977. The petitioner thereafter continued in service. No Hindi Typing examination was conducted by the State Government for a considerable long time, therefore, within the time period provided in the appointment order, the petitioner could not obtain the Hindi Typing examination. He is already having computer experience as he is having a PGDCA certificate and has also done Hindi Typing course for which certificates were submitted before the authorities at the time of seeking appointment. The aforesaid fact is not disputed. The condition of passing of CPCT examination was first time introduced in the year 2016 replacing the requirement of passing of Hindi Typing examination. By the time, the petitioner has already attained the age of 40 years. The circular issued by the Government on 16.01.1992 is with respect to exemption from submission of Hindi Typing certificate to those candidates who have attained the age of 40 years. Another circular dated 15.11.1984 speaks of the same. Both the notifications have been issued under the signature of the Government. The relevant reads as under :-
"इस वभाग के उपयु ापन का अिधकण करते हुये रा य शासन दारा एवं पर रणय कया गया क :-
1. ऐसे िन न ण े ी िल पक को शासक य लेखा म स मिलत कये गये है व सीधी भत से िनयु कये गये है और जसको आयु 40 वष या इससे अिधक हो गई है या भ व य म हो जाये उनको ह द मु लेखन पर ा उ ीण करने के छूट दान क जाये उनक िनयु िनयिमत क जाय।
2. सं विनयत तथा अ य काय िन. .े िल पक क िनयिमत संदभ म यो यता एवं छूट दे दं नाक से उनक व छटनी कमचार व दं नाक से छूट दान करने से ार या व र ता उसक िनयु दनांक से िगनी जावे ।"
9. From the bare perusal of the aforesaid document, it is apparently clear Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 07-12-2024 15:22:27 NEUTRAL CITATION NO. 2024:MPHC-JBP:59526 5 WP-29953-2022 that those who have attained 40 years or more than 40 years of age are exempted from submitting the Hindi Typing or CPCT certificate. There is no dispute to the proposition that submission of Hindi Typing certificate was replaced subsequently by CPCT certificate in the year 2016. It is further not disputed by the State counsel that for a considerable long time, the State has not organised any examination for passing Hindi Typing examination.
10. At this stage, learned counsel appearing for the State submits that even if the benefit of relaxation is to be granted to the petitioner then on attaining the age of 40 years, he will be entitled for the benefit of such increment and not prior to that. Counsel appearing for the petitioner fairly admits to the proposition and submits that he will be entitled for grant of exemption from submitting the certificates of Hindi Typing or CPCT on attaining the age of 40 years, therefore, he will be entitled for grant of such increments on the date when he has attained the age of 40 years.
11. Considering the facts and circumstances of the case, as well as the circular issued by the Government in the year 1984 and 1992 as the petitioner has already attained the age of 40 years prior to withdrawal of these circulars i.e in the year 2022, he is entitled for benefit of the circulars and is exempted from submitting the Hindi Typing/CPCT certificates but the benefit of increments is to be granted to the petitioner from the date, he attained the age of 40 years. The authorities are directed to restore the benefit of increments extended to the petitioner from the date he attained the age of 40 years as per his actual date of birth which is recorded as 02.11.1977 in the appointment order. The difference of arrears be calculated and paid to the Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 07-12-2024 15:22:27 NEUTRAL CITATION NO. 2024:MPHC-JBP:59526 6 WP-29953-2022 petitioner along with interest at the rate of 6% per annum within a period of 60 days from the date of receipt of certified copy of this order.
12. Accordingly, the petition stands disposed off.
(VISHAL MISHRA) JUDGE AM Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 07-12-2024 15:22:27