v^ ^•R • HEGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR DIV1SION BENCH CORAM: HON'BLE SHRI S.R. NAYAK, C.J. AND HON'BLE SHR! D.R. DESHMUKH, J. WRnr_PET!TION_N0.2S840F2001 PETITIONERS 1. 2. 3. 4. RESPONDENTS Vs. 1. 2. The State of Chhattisgarh Through Secretary Revenue Department Chhattisgarh, Raipur Commissioner Bilaspur Division Bilaspur, Chhattisgarh Coltector, Rajgarh Chhattisgarh Joint Director Treasuries Bilaspur, Chhattisgarh Registrar MP Aa'ministrative Tribunal Jabalpur Ku. Dulari Thawait, Aged about 45 d/o Late Shri Mahatma Thawait Occupation - Service Second Grade Clerk (LDC) tn the office of the Collector Raigarh, Chhattisgarh Present: Shri, Utkarsh Verma, iearned Dy. O.A. for the State of Chhattisgarh and jts Authorities. Shri Ashish Shrivastava, Jearned counsel for respondent No.2. ORAL ORDER (Passed on 28mJu!y. 2006) The foltowing oral order of the Court was passed by S.R. Nayak, CJ: The Stefe of Chhattisgarh and its authorities being aggrieved by the of the Madhya Pradesh State Administrative Tribunal, Jabaipur (for short 'the Tribunal') dated 13/07/1998 passed in Original Appjication No.671 of 1993 have preferred this writ petition. By the impugned order, the Tribunal lias allowed the application of the second respondent, and the petitioners herein are directed to release increments "-TJ @t -( Ct- to her from April 1989 till and to fix her salary in the relevant pay- and grant subsequent pay-scales given to the similarly circumstanced other employees. (2) The background facts of the case be noted first: The second respondent was injtially appointed for eiection duty on 19/01/1971 and subsequentiy she was appointed on 04/12/1971 as per Annexure-A/2 as Second Grade Cierk on temporary basis. On 31/03/1972, as per Annexure-A/3, the second respondent was regulariy absorbed as Second Grade Clerk. Thereafterwards, on 03/05/1972, as per Annexure-A/4, the second respondent was appointed in the time-scaie of Rs.90-170/-. It appears that the erstwhile Government of Madhya Pradesh jssued a Circular dated 19/04/1968 providing for grant of two advance increments to those Lower Division Clerks who pass typing examination in Hindi conducted by any of the agencies recognized by the General Administration Department of the Government of Madhya Pradesh. At this stege jtself, it needs to be noticed that when the second respondent was appointed and her services were regularized in the year 1971, it was not the prescribed quatification for the post of Lower Division Clerk to pass typing examination in Hindi. But, in She Circular dated 19/04/1968, as an incentive and encouragement, a provision was made to grant two advance jncrements to ai! those Lower Division Clerks who pass the typewriting examjnation in Hindi conducted by any ofthe recognjzed agencies. Then came another Circular of the Government dated 03/06/1977, a copy of which is appended to the writ petition at page 28 of the material papers as Annexure-A/6, which reads as follov^: ^ilt £^ lL6i 'A 8t frlt^ ^i 12LL& ^ J±Mfe J^^^B ^. JA^A Mfc ld^i£ 1MS M^llis 1 ^ 19^ IPIIn lt?y hh^ P*^jP|l?t hl^J. ^ ^ct* Jn(p^P» l^h ^ISSt^S^ |}^^j ihlS JLd3LU& Mi tddi^—Mtli!..!;£. i^ti& ^ ^k ^fe. Mi i-L^. i^t^yy usi^.&y ^ .^bJ^te ^A ^ Mi ^ <fe£fc^£.^h ct*yi^j ijn^ ^y Mfe ^L j^ii& B^ 1 IIJL^J. l<8iii. ^ ^J* ^Uy^h '^ Itm^ isb i^Udd^^ ^ alypj Uf^ t*-^ <^ ^ 1^^ ^ls^ji^ .^±B J^. fe4|L Bs^ llli^U". i»?<y p*^y ^h ^iki-p^ ^bjy ^ ^Jl J^fe^ ^ PIMh ^ ^fe ^ny^^ AAS^h li^^fi. ^^ ^b ^JsL^fa ^B^^S^ bh l-I^Pfty^ l&bniysk ^O* t^h-I^Jho ^ c^ ^ ^ J^ ^ 2^1 ^fc ^^* U4»1?y ^ li<^ ^U's3sJ& Mi JMfe fi^t ^fc .^J^-S^tt^ tfc£l£ J^. felL-fcl<& ^ ^£blss»P^ (j^^j ^l^ ^<bj "jte Ih-lr Ih.ey Jllfcl$p!& ik^ J"lj^Pt l^h ^!5!»(<S1ST» jji-^j ^ 'bfoyh liiI^^S.6 bh 1±©.^&^Iftbfih^h ^fe ^lbb^M^ ^j. ^B. O^j^y ^h ^A ^ <fe@L^£ kh 4>y^j ^a^ kty 1MS (£)l./t0t OMJ&O^/SSfr (felk^ lAhlfe ct> LZ6L 'W»I»KO 87. <t»jl-^J ^, Mte^ fi^ t/e/zz/t-s ^iit^ <hh hhll^ l^ ZZ61. '^lt n <t>j^^J I* Itllty At 1 ^3feA ^ A ^L ^cb Jn(pPk l^h li^^.£ (Ji-^j ^fe ^IA^jlw Pl>1?y Ml fcj^ l^by ^h bh * <t>15>P*S% t>h <t>yi^j |jn(& l*ty Ife^nh^k 'jsiEauy^ i^it^ 'iStialltlldtjy l^k»» °JAfe£U& tLVdijtJ^ 1^41^ '>>b.ia]lb» 'lfebfth^k 'VtQ-nh t^lnl^ "J5l23i£ 'l»lk.y l^kHk <t> h^llit -w^ -:bbbj 6681 Sa^El £1. AZ6t 'A E *.lt-y 'I^Ih^. 'J^fi i./e/zz/fr-s sbllt^ <h!i itiifey i-^ii^n h-shi^ i-I^IJ^ R^JitZSii." © ^ f^ srt^ ^-ranr ipiT ti ^TRR gKr 3ira ^? f^pN f^-qT traT t ^ SPfT ^q? WNH ^FT IR f^f^T f^R ^llft fNWf ^ f^q 'T'STO^ 1?ft^^^?f ^ "g^^?T qfN^ ^t fl^t ^,'^^Fr Trft^T <d^"F ^T^ ^ ^^ Pl^f^d ^lf^lcbt^t S'HT ^T^ ^P? l^^t 13^^®pT^t ^i<H<ii ^sn w^\^^ ^t ^rr^ i ^ &y^d^T ^ •q? toNN qftSTT ^T^^cT ^?T? ^? ^FPT ^ vft^R ^^N q^TT srra^ra? ^hrr. SPTSTT ^rq^ '^qT4' d^hid WTP<T ^^ ^t un^'^ i ^T ^I^H-y ^T-ftST "^' "Q^iM ^ ^ f^p? ^^^?r ^t "*T^r ^R ^ ^T 25 ?Ti^ g^T ft^S ^NT ^rft^ i f^f^r sitoirft ^t ^ ^nf^ f^ ^ ^r ^tw ^t ^ft^F^Rte ssT^ter ^t" i Wft Pl^l^d sri^rqiTRqT ^T €2TR ^ f^rm' "^ f^Tf^ 18 ^. 1975 ^ ^fFR ?q, ^-ITT'<S 3-19/75/3/1 c^f Sfk srr^is^ l^prr ^rar t. ^^' f^r 4x*ft fN^ ^ ^ci^* ^ 1K VK f^^T ^ f^R ^TRFT gT^T ^T? fW^T f^FTT TPn t f^ ^ff ^K IK f^rft ^ ^rf^cT ^t f^ft '»ft ^f^i^r ^f. Pi^l^a '^ ^ft ^P?, ^ ^TRT'T 5TCT ^l-^dl T?TT<r ^t^ ^ f^l" 'g'^^7r ^t TTftW '<3^ft°f ^T ^t. f^^ ^T? ?T?f 3TT%^^r yrT^r XN 3^^f^ vilvsSiR1. ^ ^"Tl^cjt^T IR eTF^ ^ ^tTfti ^rf^ Pl^f^d sr^wNt SKT 'A-tf^«^l ^' ^ff fW^T ^t 'sra^Rrr ^t 'urT^ft t sft"? 1^1 ^ oyf^d q?t I^FR ^iift f^il^* ^ TT^ 'CR f^^f ^TT ufRn t. uft ^T ^K ^ ^! ^TTCFT ^RT I^Tff^r 3[^cTP? '•ift ^'ydl t. ^ ^^ft Pi^i^a^T ^ srP'RTfiRr ^TRT urp^n srt^ ^ra^ ^fr f^p^^Tfr ^rqft ?t7ft. f^r-CT^ f^p? ^sR^ f^^ atict^'y^ ^pf^t ^t ^TT '^RRft t j TTEqy^T ^ <<|yrq4|<?1 ^ ^TPT ^ cTSTT 3Si^^ll^l'< ^t—^to^'*'^! ^T ^R|c| ^I^Ti^^T ^lltlv1 fii+ii^ y?ii<«-ri f^TPT' ass-Ks^^ ^^ As could be seen from Annexure-A/6, it appears that the Government of Madhya Pradesh had taken a decision vide Memorandum No.3-19/75/3/1dated 18/06/1975 that candidates for the post of Lower Division Cierk and Typist should have passed the Shorthand and Typing Examination in Hindj from a Board recognized by the State Government, but, in the same circular, the Govemment directed that the said direction has no application in the case of candidates belonging to scheduled castes and scheduled tribes. Further, the Government in the same drcular directed the appointing authorities, i.e., jurisdictjonal Collectors to conduct typing examination at their level. In pursuance of Annexure-A/6 Circular, admittedly, the second respondent appeared for the typing examination conducted by the Collector and she has passed the typjng examination. The certificate issued in that regard is produced as Annexure-A/7. Having passed the typewriting examination in Hindi conducted by the Coliector, Rajgarh, the second respondent put forth her cjaim to two advance increments in terms of Annexure-A/5 Circular, and it was granted to her as per Annexure-A/8 dated 20/05/1998. It appears that the advance increments so sanctioned had been paid to her tiil the year 1988 and thereafterwards the increments were refused to her on the ground that in terms of Annexure-A/5 drcular, she is not entitled to advance increments, because, she did not pass the typing examination in Hindi conducted by a Board/lnstitution recognized bythe erstwhile State of Madhya Pradesh, but, passed the typing examination conducted by the Collector,.Raigarh. That led to the second respondent instituting Original Application No.617 of 1993 before the Tribunal. Before the Tribunal, on behalf of the second respondent, it was contended that since she has passed typing examjnation conducted by the District Collector, Rajgarh, »^— ^ she is entitled to two advance increments and the refusal ofthe appointing authority to pay increments afl;er 1989 was illegal. It was also contended on behalf of the second respondent that a sjmilarly-circumstanced employee, one Hiralal Naik, was also granted two advance increments, but, in his case, the appointing authority did not stop payment of increments as has been done in her case and therefore, looking from that angle, the refusal to pay advance increments by the appointing authority tantamounts to invidious discrimination. The Origina! Appiication was contested by the petitioners herein by filing return. In the return, the oniy substantive ground urged was that the passing of the typing examination in Hindi conducted by the Collector, Raigarh cannot be equated to passing of typing examination in Hindi conducted by a Board/Instltution recognized by the Government of Madhya Pradesh as directed in Annexure-A/5. The Tribunal having found merit in the aforementioned two contentions raised on behalf of the second respondent and having opined that the Annexures-A/5, A/6 and A/8 are all issued by the same Department, i.e., the Generaj Adminjstration Department and if those circulars read together wouid show the concern of the State Government to encourage the Lower Division Cierks who pass the typing examination jn Hindi by offering incentive in the form of two advance increments, allowed the Original Application and granted the relief in terms as already pointed out supra. That is why the State Government of Chhattisgarh and its authorities have approached this Court under Articies 226/227 of the Constitution of India. (3) We have heard iearned counsej for the parties. Shri Utkarsh Verma, learned Dy. Govt. Advocate, would reiterate the same contention advanced before the Tribunal before us also to stop payment of two ^l ^. increments. According to the learned Deputy Govt. Advocate, though the second respondent was not entitled to two advance incremente, two advance increments were wrongly sanctioned to her vide Annexure-A/8 and therefore, there was eve»yjustificatEon for the appointing authority to withdraw those two increments and the action of the appointing authority could not be fauited with. Per contra, Shri Ashish Shrivastava iearned counse! appearing for the secona' respondent whi!e adopting the reasoning of the Tribunal wouid support the impugned order of the Tribunai. (4) The petitioner befongs to scheduled As already ouf supra, when second respondent appointed on temporary and her were in the year 1971 , the recruitment rules goveming appointment to the post of Second Grade Clerk did not passing of the fyping examination at atl as a prescribed qualificatjon. When the matter stood thus, for the first time, the Government of Madhya Pradesh issued the Circular (Annexure-A/5) dated 19/04/1968 offering incentive of two advance increments to all Lower Division Cierks who pass typing examination in Hindi conducted by any Board/institution recognized by the Govemment of Madhya Pradesh. Aithough that Circular was issued in the year 1968, it appears that the second respondent did not appear or pass the typing examination in Hindi conducted by any Board recognized by the Government of Madhya Pradesh. Then came another Circular (Annexure-A/6) issued by the Government of Madhya Pradesh dated 03/06/1977. For the first time, the Government of Madhya Pradesh prescribed passing of the typing examination in Hindi conducted by any Board/lnstitution recognized bythe Government of Madhya Pradesh as one of the prescribed qualilications for 8 fe the post of Lower Division Clerk. Having so prescribed, the Government, however. directed that that prescription should not be insisted for appointment in thecase of candidates belonging to scheduled castes and scheduled tribes. That Circular further directed the District Collectors in the State to conduct typing examination in Hindi at their respective district level for the benefit of ali candidates desirous of passing the typing examination in Hindi. The Circular (Annexure-A/6) Stselfwould show that in the assessment of the Government itself passing of the typing examination conducted by a Board/Institution recognized by the Government of the Madhya Pradesh and passing of the typing examination in Hindi conducted by the Coliectors at the district level are equivatent, otherwjse the Government havjng prescribed passing of typing examination, in Hindi, as one of the prescribed qualifications for the post of Lower Division Clerks ought not to have directed the DJstrict Collector to conduct typing examjnation not only for the benefit of the candidates belonging to scheduled castes and scheduled tribes but also for the benefit of the candidates belonging to all categories. The only technica! argument raised by the petitioner/State authorities that the second respondent did not pass the typing examination in HJndi conducted by a Board recognized by the State Govemment would not be a justification either for the Government or for the Court to deny the benefrt of Annexure- A/3 Circular to the second respondent who has passed the typjng examination in Hindi conducted by the Collector, Raigarh. We also find soundness in the reasoning of the Tribunal jn para 5 of the impugned order. Annexures-A/5 and A/6 are issued by the Generai Administration Department of the State Government. Above all, we have one more weighty reason not to interfere with the impugned order. We say thjs, &SS'^-r-S ' r -t, because, for the second respondent in order to continue in service as Lower Division Clerk (Second Grade Clerk), there was no iegal obligation to pass typing examination in Hindi conducted by any Board recognized by the Govemment of Madhya Pradesh or the typing examination in Hindi conducted by the Colfector, Raigarh. If this is the undisputable position, an effort made by the second respondent to acquire a qualification shouid not be aliowed to be without recognition and incentive. That is the rationaie of the Annexure-A/5 Circuiar. Since the second respondent has acquired a qualification whjch qualification, jn the context, is equivatent to passing of typing examination in Hindi conducted by any Board or Institution recognized by the Government of Madhya Pradesh, it was imperative for the Government to extend the incentives to her as provided in Annexure - A/5 Circular. Looking from any angle, no ground is made out by the petitioner-State authorities to interfere with the impugned order passed bythe Tribunal. In our considered opinjon the order ofthe Tribunal is just, fair and equitable and it does not call for interference. The writ petition is, therefore, dismissed. No costs. Sd/- Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge Brajesh