Petltioner its .^' 1^; ^i Wrjt Petition (Si No. 2983 of 2001 Vijay Kumar Pandey, S/o. Shri Kamta Prasad Pandey, aged 42 years, Accountant, Govt. Arts and Commerce Coliege, Kohka, Tiida, Nevra, Dlst. Raipur. (M.P). • -'f) Staie of M.P., through "Secretary, State of Madhya Pradesh, Highsr Education, Mahtraiaya, Valiabh Bhav/an, 3'° F'oor, ShQpai, M.P. 2) Commtesioner, Higher Edueation, State of M.P., Satpuda Bhawan, 5th floor, Bhopa! (MP). 3) Joint Director, Treasury and Account, Nagar Ghadi Chowk, Ra'pur (MP). '^iA oiemr. saci Present: Mr. Prakash Tiwari Advocate for the petitioner. Mr. Arun Sao, Govt. Advocate for the State. 1 ^%i Wi ic17th SS 1 i? "he petltioner was initiaiiy appointed as Lower Div'ision Cterk on 27-12- 1S77 (Annexure A/1) In the Non-Government Dau Kalyan Singh Arts & Commerce Coliege at BaSoda Bazaar, Dist. Raipur. The said coiiege was tsken over by ihe State Government in the October, 1984. The ser»'icesof the employees ofthe coltege were also absorbed. The sen/ice of the petttioner was absorbsd on 31-10-1984 (Annexure A/5), w'neretn the condition was to pass MP. Hindi typing examination from M.P. Hindi typing and shorthand examination council within a period of two years from the date of absorption. Learned counsei appearing for ths petltioner submits that She petltioner had already obtained Hindi typing examinat'ion certlficate from M.P. Hindi typing and shorthand examination council on 23-9-1984 (Annexure A/6). The increments granted_to the petitioner for having obtained typing test from M.P. Hlndi -Typirig and Shorthand Examination Councii were ordered to be recoversd by order dated 20-2-1993 (Annexure A/8). It was further contended that having regard to the fact that the petitioner has aiready obtained typing examination certificats from the Counci!, on 18-9-1991 the condition of 1 ii1 .- 2 - obtaining typing examination certificate wlthin a period of hwo years at the time of absorption ofthe petitioner vyas deieted (Annexure A/9). 3) Learned Govt. Advocate appearlng for the State submits that if the petitioner has obtained typing examination certificate prior So absorption, he ought to have gof this certificate again within a period oft»voyears. Since the petitioner had failed to obtain tying examination certificate within a period of two years, the petitioner was not entitled to any increment. Thus this was recovered. .-. 4) I have heard Searned counsel appearing for ihe parties, psrused the pleadings and documents appended thereto. 5) The contention of iearned counsei appearing for the respondents/State is beyond one's comprehension. Once the person has got the certiflcate, 'now can he get the same certificatesubsequentiy. It is an admittedicass that prior to absorption the petitioner had obtained Hindi typing examination certificate from M.P. Hindi and Shorthand Examination Counci! and there is no challenge to the said certificate by the State and it is not the case that the certificate Is a forged or false ceraficate. i am unable to understand the iogic and contentlon of the iearned counsel for the State. Once the person had obtained the certificate, there is no provision in law to obtsin the same certificate agasn. Since the petitioner has already obtained Hindi typing certificste which is the requirement of absorption and the same condition was deisted by Annexure A/9, the recovery of increments on account of not passing the typing test within a period oft\vo years from the date of absorption, is not sustainabte. 6) in view of foregoing, this petition !s allowed. !f any recovery has been made on account of not having the typing examination certlficate, the petitioner is entitied to refund of the. same and the same shai! be refunded to the petitioner vi/iihin a period of three weeks from ths date ef receipt of a copy of this order. 7) Consequentiy, i.A.Nos. 2 ana' 3 for out of turn hearing stand disposed of. Sd/- Satfsh K. Agnlhotri Judge