SHANKAR RAO DAMOR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been fled challenging the order Annexure P/14 dated 1.11.2116 by which while withdrawing the beneft of the increments as well as promotion, recovery of the excess payment granted to the petitioner has also been ordered.

(2.) It is not in dispute that the petitioner was appointed on compassionate ground as per order Annexure P/2 dated 7.1.1999. Clause No.1 of the appointment order indicates that the candidate ought to pass the Hindi Typing Examination from Madhya Pradesh Stenography and Typewriting Examination Council (for short "Council") within two years. It is the case of the petitioner that prior to the appointment, the petitioner has passed the 12 th standard examination in the year 1995 from Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal with the subjects (1) General Hindi (2) Trade-Ofce Management and Methods and Practices and English Typewriting (3) Foundation Course. The said mark sheet ought to be treated to be the mark sheet of the respondent No.6/Council because the degree of Madhyamik Shiksha Mandal is recognized to be the degree issued from the Council vide Circular Annexure P/12 dated 12.6.1996, therefore, the order impugned passed by the Commissioner of Cooperative and Registrar of Cooperative Societies, Madhya Pradesh, Bhopal cancelling the promotion, withdrawing the beneft of the increments and directing the recovery is unsustainable in law and by virtue of the said order, the petitioner would be fxed on the basic corresponding pay as he was getting at the time of his initial appointment.

(3.) Learned counsel for the petitioner has strenuously urged that the Circular Annexure P/12 dated 12.6.1996 recognizes the mark sheet of Steno having 111 word per minute passed from Madhyamik Shiksha Mandal, Bhopal, however, not recognizing such mark sheet for the purpose of Typing is discriminatory. It is his further contention that in lieu of the Circular Annexure P/12 dated 12.6.1996, the said mark sheet may be treated to be the qualifcation prescribed in the condition of the appointment order in absence of having any clarifcation by the Madhya Pradesh Shorthand and Hindi Typing Examination Council (respondent No.6 herein). It is also urged that while passing the order impugned Annexure P/14 dated 1.11.2116, neither any show cause notice was issued nor an opportunity of hearing was aforded to the petitioner, therefore, it is in violation of principle of natural justice and may be set aside.