STATE OF M P Vs. SAVITA NAULAKHA

JUDGEMENT

(1.) By filing this intra Court appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, the appellant/State has challenged the order dated 24.08.2005 passed by the learned Single Judge of this Court in Writ Petition (s) No. 1582/2005.

(2.) Briefly stated, the writ petitioner, who is working in the Irrigation Department of the State Government, was granted annual increments but not from the date of initial appointment, but on the passing of Hindi typing Examination. Aggrieved he filed the writ petition. Learned Single Judge allowed the writ petition, directing the appellant herein to make payment of annual increments from the date of his initial appointment. It is this order, which is under challenge in this intra Court appeal by the State.

(3.) Learned counsel for the respondent has relied upon the recent judgment of this Court relating to the Irrigation Department itself, in which a view has been taken that the imposition of stipulation of passing of Hindi Typewriting Examination as prerequisite condition for release of increment, is not justified. He placed on record copy of the said order dated 23.06.2011 passed by a Division Bench of this Court in the case of State of M.P. and another v. Onkarlal s/o Bisan Khande, 2011 3 MPWN 26. He also placed reliance on a Division Bench judgment of this Court in the case of Jageshwar v. State of M.P.,1982 MPWN 275.