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2015 Supreme(MP) 978

A.M.KHANWILKAR, S.K.GANGELE, ALOK ARADHE
Manoj Kumar Purohit – Appellant
Versus
State of M. P. – Respondent


Advocates:
D. K. Tripathi and Sanjay K. Agrawal for petitioners/appellants; Samdarshi Tiwari, Deputy Advocate General for respondents/State.

ORDER

Aradhe, J. -- 1. This reference arises from an order dated 27.08.2011 passed by the learned Single Judge in Writ Petition No. 13259/2011(S), to consider the following question :

“Whether an employee is entitled to increment from the initial date of appointment after his appointment in accordance to the Recruitment Rules and whether he can be denied increment on the ground of non passing of Hindi Typing Test due to the condition stipulated in the appointment order?”

2. Ordinarily, we must answer only the question as referred by the learned Single Judge, however, as other connected matters involving similar or overlapping issues have been directed to be linked with the leading writ petition in which reference order has been passed, we may have to examine the issues arising therein as well. After hearing the counsel appearing in the respective petitions, in this bunch of cases, we deem it appropriate to reformulate the questions which may have to be considered by us in all these matters as referred :

(A) Whether an employee is entitled to increment from the initial date of appointment or only from the date of passing of Hindi Typing Test, because of such condition specified in








































































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