DHARMENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed by petitioner Dharmendra Parikh being aggrieved by order No.Estt./2012/13444 dated 24/12/2012 (Annexure P/1) passed by the Chief Medical Officer Mandsaur.

(2.) BRIEFLY stated; the facts of the case in nutshell are that the petitioner was working on the post of Superior Field Worker and was promoted on the post of Multipurpose Field Worker ( M.P.W.) on 21/11/2007 with a condition that he was required to undergo the prescribed training and only then he was entitled to increment in his pay. That his prayer for the requisite training went unheeded and not having undergone the prescribed training yet he was given the increment on 6/11/2009. After a period of about 3 years respondent No. 3 the Chief Medical Officer Mandsaur passed the impugned order dated 24/12/2012 cancelling the increment and ordering the recovery of the excess amount of salary paid to the petitioner and hence the present petition.

(3.) THE respondents have filed the reply supporting the impugned order and submitted that according to Departmental Promotion Rules training is compulsory for promotion to the post and the Departmental Recruitment Rules dated 2/10/1989 Annexure R/1 was clear in this regard. Moreover, it has not been denied that the petitioner was already ready to take the training. However, the Collector Mandsaur has also vide letter dated 25/9/2013 (Annexure R/2) to the Joint Director, Health Centre, Ujjain directed to give training to the other similarly situated persons and the name of the present petitioner also figures in the same. Counsel for the respondent has candidly admitted that the training has not been given to the petitioner so far.