VISHWAJEET SINGH BHADORIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ORIGINALLY the petition was filed before the M.P. State Administrative Tribunal being O.A. No.2617/2000, which remained pending before the Tribunal till its closure and has been transmitted to this Court thereafter and is registered as writ petition. The claim made by the petitioner is for grant of benefit of increment of pay from the initial date of appointment in the light of decision rendered by the Tribunal in the case of Ramotar Tripathi & others vs. State of M.P. & others, O.A. No.146/1993, decided on 22.05.1998. It is contended that though in the order of initial appointment it was specifically mentioned that petitioner was required to pass Hindi typing test from the M.P. Board and then only he will be entitled to grant of increments of pay but since this was not specific eligibility condition mentioned in the recruitment Rules, after examining the law laid-down by this Court, it was held by the Tribunal that the petitioners in the said case would be entitled to grant of increments of pay from the initial date of appointment irrespective of the fact that they have passed Hindi typing test or not. It is contended that similar law is applicable in the case of present petitioner.

(2.) IT is contended by the respondents by filing a return that since in the order of appointment it was made clear that the petitioner would be entitled to grant of increments of pay only from the date he has passed Hindi typing test, such was the condition mentioned in the case of appointment of all such persons, therefore, the petitioner would not be entitled to grant of benefit of increments of pay from the date of initial appointment. On the other hand, the said benefit would be available to the petitioner only from the date he has passed the Hindi typing test.

(3.) THE Division Bench of this Court in the case of State of Madhya Pradesh & another vs. Onkar Lal, 2011(4) MPHT 135 (DB), has held that those who were appointed on the post with such a condition that they were required to pass the Hindi typing test, they could not be denied the benefit of increments of pay from the initial date of appointment only because they had not passed Hindi typing test, if the same was not a specific eligibility condition for appointment on the said post provided in the service recruitment Rules. A condition mentioned dehors the Rules in the order of appointment would not bar the claim of grant of increments of pay from the initial date of appointment. Further in many other cases, this Court has examined these aspects and has held that those who were appointed in the like manner, having no such condition prescribed in the statutory rules, would be entitled to grant of increments of pay from the initial date of appointment.