DONGAR SINGH PAWAR Vs. STATE OF M P

JUDGEMENT

(1.) BECAUSE a common question has been involved in this writ petitions with regard to grant of increments after one year of the regular appointment on account of not passing Hindi typing examination on a condition mentioned in the appointment order. Hence, both the petitions tagged together and heard together and have been decided by this common order. For the purpose of detailed facts the facts of the W. P. No. 4148/05 have been considered.

(2.) THE petitioner has filed this petition with regard to grant of regular increments after completing one year from his appointment. As per the petitioner he was appointed on the post of Lower Division Clerk in the regular pay scale of Rs. 870-1420/- vide order dated 28-9-89. As per the terms and conditions of the appointment order the petitioner has to pass a typing examination after one year from the date of appointment and upto that period, he would be entitled a pay scale of Rs. 870/- per month and he would not be entitled the increments. The petitioner passed the typing examination in the year of 1995 a certificate to this effect has been submitted as Annexure P-2 issued by the School Education Department and thereafter, vide order dated 24-10-97 the petitioner has been given the increment after one year of passing of the typing examination, thereafter the petitioner submitted a representation that he would be given the benefit of passing of typing examination after one year from the date of his initial appointment and that representation has been rejected. The petitioner also filed a copy of the circular issued by the General Administration Department dated 6-7-95. As per the aforesaid circular, the High Court in W. P. No. 1031/80, decided on 16-8-83 and Administrative Tribunal in T. A. No. 85/88, decided on 1-12-90 directed to grant of regular increments to the employees who did not pass the typing examination and the circular clearly states that those employees who were appointed prior to 22-8-73 in pursuance to the regular selection they would be given regular increments after one year from the date of their initial appointment, even though they did not pass the typing examination.

(3.) THE respondents did not file the return in the present petition, but filed the return in other connected petition. The return filed in one of the petition is W. P. No. 4148/05 (S ). The ground has been taken by the respondents is that in the appointment letter it was the condition that the petitioner should pass Hindi typing examination within a year and thereafter he would be entitled the increments after the date of his initial appointment and the Division Bench of Gwalior Bench of High Court in State of M. P. and Ors. v. Sushma Surana and Ors. in W. P. No. 712/2000 has held that when an employee has not passed the typing examination then he is not entitled the regular increments after one year from the date of his initial appointment. Hence, the petitioner is not entitled the same and one of the petitioner has also taken the ground that similarly situated persons have been given the benefit of grant of regular increments in W. P. No. 4148/05.