IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE JAI KUMAR PILLAI

WRIT PETITION No.18575 of 2024

KU. SAVITA PARKHE

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri L. C. Patne - Advocate for the petitioner.

Shri Raghav Shrivastav - G.A. for the respondent/State

Reserved on : 02/12/2025

Post on :12/01/2026

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O R D E R

The petitioner has approached this Court by filing the present

writ petition under Article 226 of the Constitution of India assailing the legality, validity and propriety of the order dated 12/02/2024 (Annexure P/15) issued by Respondent No.3, whereby the terms and conditions of her appointment on the post of Assistant Grade-III have been altered

after more than seven years of service, resulting in denial of confirmation and consequential service benefits.

2. It is the case of the petitioner that the petitioner is an accomplished sportsperson and a National Level Soft Ball Player, who has brought laurels to the State of Madhya Pradesh. In recognition of her outstanding sports achievements, she was conferred with the highest sports honour of the State, namely “Vikram Award”, in the year 2015.

3. Consequent upon conferment of Vikram Award, the Director, Sports and Youth Welfare, Madhya Pradesh, vide letter dated 28/12/2015, informed the petitioner that if she was willing to be appointed on the post of Assistant Grade-III in Government service, she may submit the requisite documents. Thereafter, considering the special Circular dated 17/06/2009, which governs appointments under the Sports Quota, the Department of Sports and Youth Welfare recommended the petitioner for appointment on the post of Assistant Grade-III, granting her three years’ time to pass the Hindi Typing Examination and Computer Examination after appointment.

4. At the relevant time, the petitioner was serving as a Constable in the District Police Force, Indore. Upon her selection, the Superintendent of Police, Indore, relieved her vide order dated 23/01/2017, enabling her to join the new department. The petitioner was accordingly appointed by order dated 01/02/2017 on the post of Assistant Grade-III in the regular pay scale. Clause-1 of the appointment order specifically provided that the petitioner shall be granted three years’ time to pass Hindi Typing Examination and Computer Examination, strictly in terms of Circular dated 17/06/2009.

5. Subsequently, by order dated 01/03/2018, the respondents directed that the petitioner’s earlier service rendered from 01/11/2004 to 23/01/2017 in the Police Department shall be counted for the purpose of pay fixation, pension, gratuity, leave and other service benefits. The petitioner was also sanctioned advance increments on account of her outstanding sports performance. However, before release of actual monetary benefits, the said increments were withdrawn by order dated 04/10/2018, stating that the petitioner would be entitled to such increments only after confirmation.

6. The petitioner thereafter acquired Diploma in Computer Application (DCA) and Post Graduate Diploma in Computer Application (PGDCA) from recognized institutions and also cleared the CPCT Hindi Typing Examination in September, 2022. After fulfilling all qualifications mentioned in her appointment order, the petitioner submitted a representation seeking confirmation and grant of consequential benefits. However, instead of granting the same, Respondent No.3 issued the impugned order dated 12/02/2024, introducing an additional requirement of Computer Proficiency as part of CPCT, thereby modifying the eligibility conditions after more than seven years of appointment, without issuing any show-cause notice or granting opportunity of hearing.

7. Learned counsel for the petitioner submitted that the petitioner was appointed under Sports Quota, governed by a special circular, and fulfilled all the eligibility conditions prescribed in her appointment order dat