LAWS(MPH)-2024-1-195

RASHMI PARTE Vs. SACHIV LOKAYUKT

Decided On January 05, 2024
Rashmi Parte Appellant
V/S
Sachiv Lokayukt Respondents

JUDGEMENT

(1.) Assailing the order dtd. 26/10/2023 passed by the learned Single Judge in dismissing Writ Petition No.5771 of 2023, the writ petitioner is in appeal.

(2.) It is the case of the petitioner that Joint Recruitment Examination was advertised by the Professional Examination Board in the year 2018. She participated in the said examination under the Scheduled Tribe category. She obtained first position in the merit list. She opted for employment in the Lokayukt Department and accordingly vide order dtd. 17/1/2019, she was directed to appear in the Lokayukt office Bhopal for verification of the documents. However, she was not allowed to join. No information was given to her regarding the authorities not permitting her to join. She contacted the Secretary of the Department and came to know that only one post of Hindi Stenographer was lying vacant. Whereas, the petitioner was an English Stenographer. She requested the Secretary that she may be permitted to join on the post and she would submit the Hindi Stenography Certificate within a short time. She was not allowed to join and appointment of the petitioner was rejected thereafter. Being aggrieved by the same, a Writ Petition being W.P. No.16511 of 2019 was filed which was allowed vide order dtd. 13/5/2022 and the respondents were directed to call for a requisition from the Professional Examination Board who, in turn, will examine that if there is no other candidate more meritorious than the petitioner in that category for the post of English Stenographer then shall send a requisition to the State Government on which the Government will act in accordance with rules and regulations.

(3.) Thereafter, the petitioner was appointed as English Stenographer on 30/12/2022 on probation for a period of three years and she would be entitled for 70% of pay during her first year, 80% of pay during her second year and 90% of pay during her third year of probation. It is her case that since she is appointed in pursuance to the recruitment process of 2018 and the appointment was given in January 2019, therefore, she should be given seniority from the said date and probation period should be reduced to two years and she should be given regular pay scale. Hence, she preferred another petition being WP No.5771 of 2023 which came to be dismissed vide impugned order dtd. 26/10/2023.