Chhattisgarh HC Orders Increments Due During 2013–21 For 15 Compassionate Appointees After State Failed To Hold Hindi Typing Test

The petitioners, appointed as Assistant Grade-3 employees on compassionate grounds, sought annual increments allegedly withheld because they had not passed the Hindi Typing Skill Test required by Clause 10.3 of the State’s compassionate-appointment policy dated 14 June 2013.

The policy required the test to be passed within the prescribed period, with provision for extension.

The authorities did not conduct the test for several years; when it was held on 28 June 2021, the petitioners appeared and qualified.

Increments were granted by order dated 18 October 2021, but the authorities later sought to recover increments from some petitioners as having been granted by mistake.

The petitioners also relied on completion of a PGDCA course by them, and alleged discriminatory treatment.

The Court applied the compassionate-appointment policy dated 14 June 2013, particularly Clause 10.3, which requires appointees to pass the Hindi Typing Skill Test within the prescribed period, permits an extension in specified circumstances, and provides for the consequences of passing the examination.

The Court treated the test requirement as binding, but held that increments for the intervening period could not be denied merely because the employees had not passed an examination that the authorities had not conducted.

No statute or judicial precedent was cited.

The Court accepted that passing the typing test was a condition under the applicable policy.

However, the respondents admitted that the test had not been conducted for several years and that the petitioners passed when it was finally held in 2021.

The petitioners’ inability to pass earlier therefore could not be attributed solely to them.

In those circumstances, the policy condition did not justify withholding increments otherwise due for the period before the examination was conducted.

The entitlement remained subject to each petitioner’s appointment date and applicable service rules and policy.

The Court allowed the petition to the extent that the respondents were directed to grant the petitioners the annual increments that became due from 2013 to 2021, subject to their respective appointment dates and entitlement under the applicable rules and policy.

The respondents were directed to refix pay and release consequential monetary benefits in accordance with law within three months of receiving the order.