Smt. Sudha Sharma vs The State Of Madhya Pradesh on 3 May, 2010

                     W. P. No. 5097/2010 (s)
3/05/2010
        Shri Sanjay Singh, learned counsel for the petitioner.
        Shri Puneet Shroti, learned Panel Lawyer for the State.
        Petitioner is working as an Assistant Grade-III in the
office of Executive Engineer E/M, Light Machinery, Bhopal.
        Grievance of the petitioner is that on the ground that
she has not passed the Hindi Typing test, increment from the
initial date of appointment is not granted to her but is only
granted from the date after she had passed the Hindi Typing
test.
        It is not in dispute that appointment of the petitioner is
governed by the statutory provisions namely the Madhya
Pradesh     Irrigation   Department    (Non-Gazetted     Service)
Recruitment Rules, 1969.           Under rule 8 of the said
recruitment rule, there is no condition of passing a Typing
test. A matriculate or a person having passed the equivalent
examination is eligible to be appointed on the clerical post.
That being so, it is the case of the petitioner that she is
entitled to increment and on the ground that she has not
passed the Hindi Typing test which is not a condition
stipulated in the statutory rule, increment cannot be denied
to her.
        The said question involved in this petition stands
resolved by a judgment rendered in the case of Dongar
Singh Pawar Vs. State of M. P. and others, 2006 (3),
M. P. H. T. 352 and various other orders passed following
the aforesaid judgment.
        Keeping in view the considered view of this Court,
 respondents are directed to grant increment to the petitioner

in accordance with the law laid down in the case of Dongar
Singh Pawar (supra) .

Increments be calculated and arrears be paid to the
petitioner within a period of two months from the date of
receipt of certified copy of this order and proper pay fixation
be also done within the aforesaid period.

Petition stands allowed and disposed of with the
aforesaid.

(Rajendra Menon)
Judge
Vy/