--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION NO. 3635 / 2007 AKSHAY CHANDWARKAR Vs. THE STATE OF MP & ANOTHER * * * * * O R D E R ( 18/11/2011) The petitioner before this Court has filed this present writ petition being aggrieved by non grant of increments from the initial date of appointment. The contention of the petitioner is that he was appointed as an Asstt. Grade III in the Public Health & Engineering Department of the State of Madhya Pradesh and as per the appointment order, Clause 7 provided for passing the Hindi Typing Examination in order to earn annual increments. The petitioner has not cleared the Hindi Typing Examination so far. Learned counsel has also brought a Circular dt. 23/5/2006 issued by the State Government and the same provides for exemption from --- 2 --- passing the Hindi Typing Examination and persons who have completed 40 years of age are not required to pass the Hindi Typing Examination holding the post of Asstt. Grade III. In the present case, the petitioner has not attained the age of 40 years. A reply has been filed in the matter and the stand of the State Government that the petitioner is an employee of Public Health & Engineering Department and the recruitment rules governing the field provides for Hindi Typing Examination as a mandatory qualification for the post of LDC / Asstt. Grade III. Contention of the respondent State is that unless and until the petitioner attains a certificate of Hindi Typing Examination from a recognised Board or attains 40 years of age, the question of granting annual increments, does not arise. She has also drawn the attention of this Court towards the appointment order and her contention is that clause 7 was categorically incorporated in the appointment order. Heard the learned counsel counsel for the parties at length and perused the record. The matter is being disposed --- 3 --- of at motion hearing stage itself with the consent of the parties. In the present case, it is not in dispute that the recruitment rules governing the field provides for Hindi Typing Examination as one of the essential conditions for the post of Asstt. Grade III / LDC. The appointment order dt. 7/3/90 also reveals that the petitioner was required to pass Hindi Typing Examination. The petitioner has certainly not at all qualified the Hindi Typing Examination nor has attained the age of 40 years, as provided under the Circular dt. 23/5/06, hence the question of granting regular increments to the petitioner who is not holding the qualifications required for the post of Asstt. Grade III, does not arise. The writ petition is accordingly dismissed. (S. C. SHARMA) J U D G E KR