In a batch of writ petitions filed before the Madhya Pradesh High Court, a Division Bench of Justice Vivek Rusia and Justice Pradeep Mittal allowed all petitions and found the petitioners entitled to the benefit of an advance increment for those who underwent training between 2006 and 2014.
The petitioner was appointed in the District Court, Jabalpur, on 27-01-1986. In 1990, the National Informatics Centre (NIC) initiated the computerization of Madhya Pradesh’s operations. Thereafter, the e-courts committee of the Supreme Court directed all high courts to ensure the constitution of an e-committee for computerization in district courts and high courts.
Accordingly, the petitioner, along with other employees, received computer training in word processing, basic computer operations, internet use, and management, after which the petitioner began performing his day-to-day duties using computers.
On 06-02-2006, the General Administration Department, Government of Madhya Pradesh (GAD), issued a circular requiring all officers and employees to undergo basic training through agencies notified by the Information Technology Department, to be certified by a Government Engineering College, Polytechnic College, or ITI where computers were available. Clause 9 of the circular stated that after completing a year of successful training, an advance increment would be granted in departments with computers, whereas the same would be granted after three years in departments without computers.
The petitioner also underwent computer training, but the benefit was denied to him, as GAD had cancelled the circular dated 06-02-2006 by another circular dated 26-09-2014. This meant that those who had been granted the benefit under the circular were not to be treated as eligible, as was clarified by the Finance department. Aggrieved, the present petition was filed.
The Court stated that a right had been created in favor of the petitioner, as the Administrative Committee of the District Court had already recommended the grant of an advance increment, given that he had received computer training. It was said that since the said circular was withdrawn by another circular dated 26-09-2014, those who had undergone training from 06-02-2006 till 26-09-2014 were entitled to the benefit of an advance increment as the circular remained valid till 26-09-2014.
The Court noted that the respondents had rightly submitted that, following the amendment of the Recruitment Rules, Class III employees were selected based on computer knowledge, leaving no question of granting an advance increment.
Thus, the Court allowed all petitions and found the petitioners who underwent training between 06-02-2006 and 26-09-2014 to be entitled to the benefit of the advance increment, as certified by the Principal and District Judge. Since most petitioners had retired, they were directed to be paid arrears of salary and pension. Lastly, the Court directed their Pension Payment Orders to be revised accordingly.
Appearances:
For Petitioners – Mr. Harsh Gupta
For Respondent – Mr. Abhijeet Awasthi (DAG), Mr. Satyendra Kumar Patel, Mr. Piyush D. Dharmadhikari
