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2020 DIGILAW 1262 (MP)

Manoj Kumar Dadoriya v. The State of M. P.

2020-12-05

S.A.DHARMADHIKARI

body2020
ORDER 1. In pursuance of the directions issued by the apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government. 2. IA No. 5195/2020, an application for urgent hearing, is considered and allowed. 3. Heard finally with the consent of both the parties. 4. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the legality, validity and propriety of the order dated 17.9.2019 (Annexure P-1), whereby the services of the petitioner, who was working as Assistant Grade-3, has been terminated on the ground that he has failed to produce the computer training and Hindi Typing Examination Certificate within time as per Clause 6.5 of the terms of the appointment. 5. Brief facts leading to filing of this case are that the petitioner was appointed as Assistant Grade-3 on the compassionate ground on account of his father's death during the course of employment. While issuing appointment order dated 28.12.2010 (Annexure P-2) in terms of clause 5 and in compliance of Circular No. F 10/3/2006.1.9 dated 6.2.2006 issued by the GAD, the petitioner was supposed to acquire qualification of Computer and Hindi Typing Certificate within a period of one year from the date of appointment. 6. Learned counsel for the petitioner contended that petitioner tried to obtain the certificate since 2011 to 2013 and participated in the examination but failed to succeed. Thereafter, Madhya Pradesh Educational Board discontinued Hindi Typing Examination since 2013 and therefore, petitioner was not in a position to obtain Hindi Typing Certificate. However, the petitioner had obtained diploma in Computer Application in 2014-2015 and obtained the certificate of PGDCA from Maharishi Mahesh Yogi Vedic Vishwavidyalaya Madhya Pradesh which is recognized by University Grant Commission. Learned counsel for the petitioner further pointed out that the respondents have issued a letter on 25.4.2017 wherein the State Government through the General Administration Department has permitted the candidate to obtain one of the six qualifications mentioned in the letter, which includes diploma in Computer Science and the petitioner has certainly obtained diploma in PGDCA. 7. Learned counsel for the petitioner further contends that petitioner has also qualified the computer proficiency certification test (CPCT) (Annexure P-5). 7. Learned counsel for the petitioner further contends that petitioner has also qualified the computer proficiency certification test (CPCT) (Annexure P-5). Learned counsel for the petitioner has also submitted that petitioner has been appointed on the compassionate ground and also holds the qualification of diploma in computer application as well as CPCT, therefore, his services could not have been terminated in the manner and method it has been done. Moreover the circular, on the basis of which the services of the petitioner has been terminated, shall have prospective application, therefore, the circular is not applicable in the case of the petitioner. The writ petition deserves to be allowed. 8. Per contra, learned counsel for the respondents-State has filed their return and submitted that since the petitioner did not fulfill the stipulated condition of acquiring the certificate of Hindi Typing Test within a period of three years from the date of appointment, therefore, present petition is liable to be dismissed. 9. Heard the learned counsel for the parties at length and perused the record. 10. The undisputed facts reveal that petitioner was appointed by way of compassionate appointment on the post of Assistant Grade-3. It is not the case where the appointment was done by way of issuing an advertisement. At the relevant time, when petitioner was appointed under the policy for grant of compassionate appointment, he was required to pass Hindi typing examination with proficiency in Computer. It is also undisputed that the Board which was conducting examination in Madhya Pradesh with regard to Typing, had stopped conducting the examination in the year 2013. Admittedly, the petitioner has obtained CPCT Diploma Certificate. The executive instructions issued by the State Government in respect of Computer Proficiency Certification Test (CPCT) qualification has been issued on a subsequent stage, therefore, the appointment made earlier cannot be disturbed on account of the fact that petitioner could not obtain the qualification as prescribed within the time. The earlier appointment on account of compassionate basis cannot be put to an end in the light of the fact that petitioner is already holding diploma in Computer Application and CPCT. 11. Accordingly, impugned order dated 17.9.2019 (Annexure P-1) is set-aside and the respondents are directed to reinstate the petitioner forthwith in service. The earlier appointment on account of compassionate basis cannot be put to an end in the light of the fact that petitioner is already holding diploma in Computer Application and CPCT. 11. Accordingly, impugned order dated 17.9.2019 (Annexure P-1) is set-aside and the respondents are directed to reinstate the petitioner forthwith in service. The petitioner shall not be entitled for back wages on the principle of “no work no pay”, however, he would be entitled for all other consequential benefits. With the aforesaid directions, the present petition stands allowed. Siddharth Sharma for petitioner; Vinay Kumar, Panel Lawyer for respondents/State.