DULARE PRASAD RAIKWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner, who was initially appointed on the post of Assistant Grade III in the office of Tahsildar has approached this Court by way of filing this writ petition seeking a direction against the respondents to sanction the annual increments of pay to the petitioner for the period of initial appointment w.e.f. 1990 to 1993 and to revise and pay the arrears of salary to him. It is contended that in the order of appointment though a condition was mentioned that the petitioner would be required to pass the Hindi Typing examination within a specified period but in terms of the said appointment even if the period of initial appointment was treated as ad hoc period, he would be entitled to pay in terms of the circular so issued by the State Government. It is contended that in terms of the order of appointment dated 11.8.1989, the petitioner has passed the Hindi typing test and result was declared on 12.10.1993 and therefore the increments of pay for the ad hoc period was required to be granted and released. This has not been done, on the other hand erroneous fixation of pay has been done, therefore, petitioner is required to approach this Court seeking a direction against the respondents.

(2.) Initially when the claim was made by the petitioner, he has placed his reliance in the case of one Donger Singh Pawar vs. State of M.P. and others, 2006 3 MPHT 352] but when the fact was brought to the notice that such a law would not be treated as a good law in terms of the subsequent decision rendered by Division Bench of this Court in the case of State of M.P. and others vs. Vinod Mohan Shrivastava, 2008 ILR(MP) 1869), it is contended that since there is a circular issued by the State Government that for the period of ad hoc appointment increments of pay is required to be released, such benefit cannot be denied to the petitioner.

(3.) By filing the return, the respondents have contended that such a contention of the petitioner is not correct. There were circular of the State Government issued that those who are appointed as Assistant Grade III were required to pass the Hindi Typing examination. A condition was specifically mentioned in their order of appointment that till they pass the Hindi Typing examination, the period of their appointment was to be treated as ad hoc appointment. In terms of those instructions, the petitioner was not eligible for grant of annual increment till he has passed the aforesaid Hindi Typing examination. Since, the examination was passed by the petitioner in the year 1998, rightly the order was issued giving him benefit of increment of pay. It cannot be said that the petitioner would be entitled to grant of benefit of increment of pay from the initial date of appointment.