1 - Vikas Kumar Choubey S/o Late G. R. Choubey, Aged About 37 Years v. 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya
Case Details
1 2025:CGHC:8901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6463 of 2016 1 - Vikas Kumar Choubey S/o Late G. R. Choubey, Aged About 37 Years Employed As Assistant Grade Ill, O/o Sub Divisional Officer, Kharkhara Mohandipat Nahar Pariyojana, Sub Division No.1, Sambalpur, Balod- 491226, District Balod, Chhattisgarh, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, 492002, Chhattisgarh 2 - The Superintending Engineer, Water Resources And Ground Water Survey Division, Civil Lines, Sihawa Bhawan, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Executive Engineer, Water Resources Department, Balod, Distt. Balod, Chhattisgarh, District : Balod, Chhattisgarh 4 - The Divisional Joint Director, Treasury, Accounts And Pension, Durg- 4911001, District : Durg, Chhattisgarh --- Respondent(s) with WPS No. 6409 of 2016 1 - Karunesh Meshram S/o Late A.C.Meshram, Aged About 36 Years Employed As Assistant Grade Ill O/o Executive Engineer, Water Resources Division, Balod-491226, District Balod,chhattisgarh , Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Naya Raipur-492002,chhattisgarh, Chhattisgarh 2 - The Superintending Engineer, Water Resources And Ground Water Survey Division, Civil Lines, Sihawa Bhawan, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 3 - The Executive Enginner, Water Resources Department, Balod, Dist. Balod, Chhattisgarh, District : Balod, Chhattisgarh 4 - The Divisional Joint Director, Treasury, Accounts And Pension, Durg-491001, Chhattisgarh, District : Durg, Chhattisgarh --- Respondent(s) with WPS No. 6410 of 2016 1 - Vikesh Gajendra S/o Late J.R. Gajendra Aged About 36 Years Employed As Assistant Grade-Iii, O/o Sub-Divisional Officer, Water Resources Sub-Division No.1, Adma Bandh, Balod-491226, District-Balod Chhattisgarh, Chhattisgarh ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Naya Raipur- 492002 Chhattisgarh, Chhattisgarh Versus 2 - The Superintending Engineer, Water Resources And Ground Water Survey Division, Civil Lines, Sihawa Bhawan, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Executive Engineer, Water Resources Department, Balod, District-Balod Chhattisgarh, District : Balod, Chhattisgarh 4 - The Divisional Joint Director, Treasury, Accounts And Pension, Durg-491001 Chhattisgarh, District : Durg, Chhattisgarh --- Respondent(s) with WPS No. 6417 of 2016 1 - Nagendra Prasad Mehta S/o Late Mathura Prasad Mehta Aged About 58 Years Employed As Assistant Grade Ill O/o Exectuive Engineer, Water Resources Division, Balod 491226 District Balod Chhattisgarh, Chhattisgarh ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Naya Raipur 492002 Chhattisgarh, Chhattisgarh Versus 2 - The Superintending Engineer, Water Resources And Ground Water Survey Division, Civil Lines, Sihawa Bhawan, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Executive Engineer, Water Resources Department, Balod Distt. Balod Chhattisgarh, District : Balod, Chhattisgarh 3 4 - The Divisional Joint Director, Treasury, Accounts And Pension, Durg 491001 Chhattisgarh, District : Durg, Chhattisgarh --- Respondent(s) For Petitioner(s)
Legal Reasoning
: Mr. B. P. Rao, Advocate For State / : Mr. Ajay Pandey, GA and Mr. Abhishek Singh, PL Respondent(s) Hon’ble Shri Justice Sachin Singh Rajput Order on Board 20/02/2025 Since identical issue is involved in these writ petitions, they are being heard together and decided by this common order. 2. For the sake of convenience the facts of WPS No. 6463 of 2016 is taken into consideration. 3. This writ petitions has been filed by the petitioner claiming following reliefs : “10.1 That, the Hon'ble Court be pleased to set aside the Divisional Joint Director (Treasury, Accounts and Pension) Durg, Official Letter No. 2016/252 dated 18.3.2016 (Annexure P-16) in the interest of justice. 10.2 That, the Hon'ble Court be pleased to pass an Order, directing the Respondents to sanction and release Annual Increment to the Petitioner one year after joining in service at par with other similarly situated employees in the interest of justice.” 4. Facts of the case reflects that the petitioner was appointed on Compassionate Grounds as Assistant Grade III vide Order dated 1.7.1995. Petitioner joined in service on 31.7.1995 and is entitled for Increment w.e.f. 31.7.1996, but he has been denied for Annual Increments as he did not pass Hindi Typing Examination. On the basis of Judgment and Orders of Hon'ble S.A.T. Jabalpur, and this Hon'ble Court, the Respondents released Increments to some of similarly situated employees after one 4 year of their Service irrespective of passing or not passing Hindi Typing Examination in time. The Gwalior Bench of Hon'ble M.P. High Court, on 10.7.2012 while dismissing the two Writ Appeals preferred by State Government held that the denial of Increments was not in conformity to M.P. Irrigation Department (Non- Gazetted) Service Recruitment Rules, 1969 and contrary to Fundamental Rules 24. The facts of those cases are identical to the case of the Petitioner herein. In view of aforesaid legal pronouncement, the Petitioner also submitted his representation along with another on 11.7.2014 requesting the Respondents to grant Annual Increment to him from one year of joining in service. During pendency of the said representation, the Petitioiner approached the Hon'ble Court and filed WPS 6653/2014 and sought Justice. The Hon'ble Court vide its Order dated 22.12.2014 directed the Petitioner to submit a fresh Representation and also directed the Respondents to decide the same by speaking order on its own merit within stipulated time of 3 Months. The Petitioner accordingly submitted his fresh Representation on 10.1.2015. Accordingly, the Departmental Authorities of WRD, has sanctioned Annual Increment for the Intervening Period, but even after repeated Representations and exchange of various correspondence between Official Respondents, the actual benefit has not been released for want of necessary financial concurrence from Treasury, and vide Official Letter dated 18.3.2016, the Divisional Joint Director, Treasury, Accounts and Pension, Durg has not inclined for grant of Annual Increment to the Petitioner on the basis of Official Instructions. Hence, this Petition. 5. Learned counsel for the petitioner submits that the petitioners were appointed on the compassionate ground vide order dated 01.07.1995 (Annexure P-1) on the post of Assistant Grade-III with the respondent Nos. 2 & 3. He submits that the petitioner was entitled to received one annual increment from 01.07.1996 but the same was denied on account of the fact that the petitioner has not cleared in the Hindi typing test. He submits that challenging the same, initially he has filed a writ 5
Decision
petition in WPS No. 6653 of 2014 which was disposed of by this Court vide its order dated 22.12.2014 reserving liberty in favour of the petitioner to make a details representation to the concerned respondents and the they were directed to decide the same in accordance with law within a period of three months. In compliance of the said order, the petitioner made a representation dated 10.01.2015 (Annexure P-11) and the same was allowed by the respondents department and an order dated 26.03.2015 (Annexure P-12) was issued granting the annual increment one year after the joining of the respective petitioners. He submits that the same was sent to the respondent No. 4 who in turn passed the impugned order dated 18.03.2016 (Annexure P-16) denying the relief to the petitioner on the account that the petitioner has not passed the Hindi typing test and he is entitled to the annual increment after passing the same or after attaining the age of 40 years. He submits that the issue is no longer res integra in light of the judgment of the Hon’ble Madhya Pradesh High Court in case of State of MP and Others V. Ku. Ramani Bai Bhagat, 2013 MPLSR 31 (DB) and also by an order of this Co-ordinate Bench of this High Court in case of Pawan Kumar Janghel V. State of Chhattisgarh and Others passed in WPS No. 3099 of 2015 vide order dated 23.08.2024. Therefore, he submits that the impugned commicuation Annexure P-16 cannot stand and the same may be quashed directing the respondents to grant annual increment after one year from there date of respective joining. 6. Per contra, learned counsel for the respondents submits that though annual increment was sanctioned by the State however, the respondent No. 4 raised an objection and denied the same that the petitioners are entitled to received the annual increment only after passing the Hindi typing test or after attaining the age of 40 years therefore, there is not illegality or irregularity in the impugned order. However, learned counsel for the respondent was not in position to dispute that the similarly situated persons were granted relief in WPS No. 3099 of 2015. 6 7. 8. Heard learned counsel for the parties and perused the records. Since the issue is with regard to grant of one annual increment after one year of service which fell consideration before State of MP and Others (supra) it has been decided in favour of the petitioner and granted the relief. Similar relief has been granted in WPS No. 3099 of 2015 Pawan Kumar Janghel (supra) and the opinion of this Court, the case of the petitioners cannot be distinguished. 9. In light of above, these writ petitions are allowed and the impugned communication dated 18.03.2016 (Annexure P-16) is hereby quashed. The respondents are directed to grant annual increment after one year from the date of their initial appointments and calculate the arrears and pay the same within a period of 90 days from the date of receipt of copy of this order. 10. In WPS No. 6417 of 2016 (Nagendra Prasad Mehta) though the increment has been granted from the date the petitioner has passed the Hindi typing test however, the respondents shall calculate the increment after one yer from the date of his initial appointment till he has been granted the annual increment after passing the Hindi typing test and pay the same within a period of 90 days from the date of receipt of copy of this order. 11. No cost. Pawan Sd/- (Sachin Singh Rajput) JUDGE