PAWAS SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by the non-grant of annual increments to him on account of not passing the Hindi typing examination.

(2.) THE case put forth by the petitioner, in brief, is that the petitioner was initially appointed on compassionate grounds in accordance with the policy dated 10-6-1994 on the post of Lower Division Clerk by order dated 1-9-1994. It is submitted that thereafter the petitioner successfully completed training but was not granted increments and was continued on the basic pay scale admissible to a lower Division Clerk. The petitioner filed a representation claiming increments which was rejected by order dated 23-7-1999 on the ground that the petitioner being a compassionate appointee was required to pass the Hindi Typing examination within one and a half years of his appointment or to claim exemption therefrom on attaining 40 years of age and as the petitioner did not fulfill either of the requirements, he was not entitled to annual increments. Being aggrieved by the aforesaid, the petitioner filed an original application before the M. P. State administrative Tribunal in 2000 which has been transferred to this Court and is now being decided by this order.

(3.) IT is submitted by the learned counsel for the petitioner that the petitioner having been appointed as a Lower Division Clerk and having rendered satisfactory service on that post till date, is entitled to regular increments as granted to all other Lower Division Clerks, in view of the provisions of the M. P. Fundamental rules and denial of the same amounts to discrimination and violates the petitioner's fundamental rights under Article 14 and 16 of the Constitution of India.