JABALPUR, India, June 17 -- Madhya Pradesh High Court issued the following judgment/order on May 15:

[1] This petition, under Article 226 of the Constitution of India, has been filed seeking following relief(s):

"i) That, the order dated 4.12.2014 (Annexure P/12) passed by respondent no.2 may kindly be set aside to the extent it denies the benefit of increment to the petitioner from the year 2005 to 2010.

ii) That, the respondents may kindly be directed to grant the benefit of increment to the petitioner from the date of promotion on the post of MPW i.e. 16.11.2005.

iii) That, the respondents may kindly be directed to carry out the correct pay fixation of the petitioner.

iv) That, the respondents may kindly be directed to grant allthe consequential benefits to the petitioner and the payment of arrears of the increment from the year 2005 to 2010 alongwith interest.

v) Any other suitable direction which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be passed."

2. Learned counsel for petitioner submits that petitioner was appointed on the post of Peon-cum-Chowkidar under the Contingency Fund in the Health and Family Welfare Project, Bhind vide order dated 14.09.1989. It is further submitted that thereafter, petitioner was appointed on the post of Ward Boy in the regular pay scale of Rs.2550-55-2660-60-3200 vide order dated 24.12.1998. Thereafter, the petitioner was promoted to the post of Multipurpose Health Worker (Male) vide order dated 16.11.2005. Petitioner submitted his joining on the promotional post vide joining letter dated 18.11.2005. After joining, petitioner continuously performed his duties as Multipurpose Health Worker (Male); however, he was not granted the benefit of annual increments from the date of his promotion. It is further submitted that respondent No.2 issued a letter dated 28.07.2006 to the Chief Medical and Health Officer, District Guna whereby petitioner, along with other seven employees, was sent to Guna for Multipurpose Health Worker Training (Annexure P/5). Pursuant to aforesaid letter, petitioner was relieved for participating in the training vide order dated 31.07.2006. Petitioner reported at the Training Centre at Guna along with all requisite documents; however, the CMHO, Guna vide letter dated 05.08.2006 sent back the petitioner and four other employees on the ground that they did not possess the requisite educational qualifications, namely Higher Secondary with Biology, Physics and Chemistry under the old scheme or High School with Science or Higher Secondary with Biology under the current scheme. It is further submitted that petitioner possessed the requisite qualifications for the said training, as he had passed the Higher Secondary Examination with Agriculture, Botany, Zoology and Physics-Chemistry in March-April, 1986 (Annexure P/8). It is further submitted that petitioner was again sent for training vide letter dated 05.10.2009 and this time he successfully completed the training. Consequently, a training completion certificate dated 29.07.2011 was issued to him by the respondents.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/gwalior/MPHCGWL/2017/WP/23401/WP_23401_2017_FinalOrder_15-05-2026_digi.pdf)

Disclaimer: Curated by HT Syndication.