Full Judgment Text
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PETITIONER:
STATE OF MADHYA PRADESH & ANR.
Vs.
RESPONDENT:
SHAKRI KHAN
DATE OF JUDGMENT: 19/04/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (5) 112 1996 SCALE (4)446
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have learned counsel on both sides.
This appeal by special leave arises from the order
dated January 21, 1994 of the Madhya Pradesh Administrative
Tribunal, Gwalior Bench in O.A. No. 323/93. The admitted
facts are that the respondent was appointed prior to 1973.
The Government had introduced the scheme of granted two
advance increments for the Lower Division Clerks who passed
the Hindi typewriting test. They prescribed the last date
for passing the test as July 30,1973 and those who passed
the Hindi typewriting test prior to that date was declared
eligible to get two advance increments. Since the respondent
could not pass the test within that period but passed the
said test in December, 1979, he filed the O.A. claiming the
said benefit on the basis of certain instructions issued
from time to time, viz. dated April 20, 1974, January 15,
1979 etc. Which are marked as Annexure R-3 to the paper
book. On that basis, it was contended that he is also
entitled to the benefit of two advance increments . On
principle, we agreed with the State that the Government
having had the power to extend the benefit it also has the
power to put a cut-off date. Consequently, the cut-off date,
viz., July 30,1973 for passing the test is a proper
classification. All those who did not pass the test prior to
that date, but appointed earlier to that date are not
eligible to two advance increments on their passing the said
test after the cut- off date.
It is contented that the said order is not insisted
upon with regard to those candidates who passed the test
after July 30, 1973. It is made clear by the respondent that
the Government have issued orders for recruitment of LDCs
with the qualification of passing the typewriting test with
effect from that date. Therefore, they did not insist upon
passing the test for advance increments nor such an employee
is granted any advance increment. It is then contended by
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the counsel for the respondent that though those who were
appointed after that date were not given incentive of two
advance increments, by necessary implication those who were
appointed earlier are entitled to two advance increments as
incentive. We do not appreciate the contention as well-
founded. Since the Government have taken a decision to
appoint the candidates with typewriting examination as a
qualification, the need to give additional increments to new
appointees, after the appointment, does not arise. It would
arise only in the case of candidates who were appointed
prior to the introduction of typewriting test as a
qualification which was not prescribed earlier but who were
given time for passing the test. The cut-off date was
accordingly fixed as the test. The cut-off date was
accordingly fixed as July 20, 1973 and those passed the test
prior to that date alone were made entitled to two advance
increments and those who passed the test thereafter are not
entitled to the said benefit.
Though this declaration has been given, since we are
informed that the State has not filed appeals against same
orders passed by the Tribunal in similar cases, the payments
made to the respondent is directed not to be recovered. This
law will be applicable to all pending cases or any candidate
who approaches the court hereafter.
The appeal is disposed of in the above terms. No costs.