STATE OF M P Vs. AMIT KUMAR PARIKH

JUDGEMENT

(1.) This intra Court appeal has been filed by the appellants State against the order dated 15.12.2010, passed by the learned Single Judge in W.P. No.9872/2010 (S), whereby learned Single Judge has held that respondent (petitioner in the writ Court) is also entitled for grant of regular increments after completion of one year from the date of his appointment keeping in view the provisions of M.P. Irrigation Department (NonGazetted) Service Recruitment Rules, 1969 and directed them to conclude the whole exercise of granting the increments, arrears and other consequential benefits to him within a period of 3 months from the date of receipt of certified copy of this order dated 15.12.2010.

(2.) Learned Panel Lawyer has submitted that as per recruitment Rules at the time of appointment there was stipulation regarding passing of Hindi typing examination and thus at the time of appointment that was one of the precondition for appointment, the learned Writ Court committed an error by granting annual increments on successful completion of an year of service from the date of appointment, whereas the State Government granted the said benefit to the respondent w.e.f. 1995, when he passed the typing examination and prays that impugned order be set aside.

(3.) It is not in dispute that respondent was appointed in the service of the Water Resources Department of the State Government of M.P. and his services are governed under the recruitment Rules known as M.P. Irrigation Department (NonGazetted) Service Recruitment Rules, 1969. Rule 8 of the aforesaid Rule prescribes conditions of eligibility for direct recruitment and B of the aforesaid Rule prescribes educational qualification which reads as under:-