Babulal Verma vs State Of M.P. & Ors

Heard learned counsel for the petitioner on the question of admission.

The petitioner has filed the present petition being aggrieved by the order dated 14/08/2019 whereby the promotion to the post of Assistant Grade-III vide order 5/10/2005 has been withdrawn for want of essential qualification for the said post.

Brief facts of the case is that the petitioner was initially appointed as a Class-IV employee and, thereafter, vide order dated 5/10/2005 he was promoted to the post of Assistant Grade-III. Later on, the petitioner has been demoted to the post of peon on the ground that the petitioner has not passed the Hindi Typing examination.

In the order of promotion, it has specifically been mentioned that he is required to pass Hindi Typing from the recognized board within a period of 2 years and in the event of failure to obtain the said certificate he shall be reverted back to the feeder post.

After the aforesaid order, this fact came to the knowledge of respondents that the petitioner has not acquired essential qualification of Hindi typing examination from the recognized Board, therefore, vide impugned order dated 14/08/2019 the promotion has been withdrawn and he has been reverted back to the Class-IV post. The respondent has also rejected the contention that after 45 years of age he is entitled for relaxation for qualification as per the Circular dated 1/04/2003. Hence, the present petition before this Court.

The petitioner has assailed the impugned order on the ground that before passing the impugned order no opportunity of hearing was given to him. He has completed 45 years of age and after crossing such age he is entitled for the benefit of circular dated 10/04/2003 and now he is not required possess the qualification of typing certificate. as well as for grant of interim relief.

Learned counsel for the petitioner submits that the petitioner has completed 57 years of age. He further submits that in similar set of one Moolchand Jatwa, who has not passed the typing exam, but he was given exemption because of completion of the 40 years of age. He therefore submits that the petitioner is entitled for the exemption from passing the Hindi typing examination after completion of 45 years of age in the light of the circular. He further submits that the case of the petitioner is squarely covered by the order/judgment passed by this Court in the case of W.P. No.17864/2019(Mahesh Giri Vs. State of M.P. & Others) and therefore he prays that the case of the present petition be also disposed of on the same terms as passed in the case of Mahesh Giri(supra).

In the light of the aforesaid order, the present writ petition also stands disposed off on the same terms as passed in the case of W.P. No.17864/2019(Mahesh Giri Vs. State of M.P. & Others). The impugned order dated 14/08/2019 is hereby set aside.

With the aforesaid order, the writ petition stands disposed of.