STATE OF M P Vs. VINOD MOHAN SHRIVASTAVA

JUDGEMENT

(1.) This writ appeal is filed by the State, challenging the order dated 31.3.2004 passed by learned Writ Court in W.P. No.5546/03.

(2.) There is no dispute that the respondent was appointed on compassionate basis. In the appointment letter, there was clear stipulation that he has to pass Hindi Typing Examination and only thereafter, his services will be regularised and after regularisation, he will get the regular increments.

(3.) The Divisional Bench of this Court in the case of State of Madhya Pradesh v. Smt. Sushma Surana, 2005 (II) MPWN 116, has considered the entire controversy including terms and conditions mentioned in the appointment letter and has held that a employee shall be entitled for annual increment after his regularisation on passing Hindi Typing Examination or on completing the age of 40 years. In the case of Smt. Sushma Surana (Supra), this Court has considered the decision of the Indore Bench passed in writ petition No. 759/97 decided on 15th of July, 1998 in the case of Dilnaz Anklesaria and another Vs. State of M.P. and three others.