HC junks govt plea against increment order to disabled govt employee

HC junks govt plea against increment order to disabled govt employee

Siddharth Pandey & Ashutosh Shuklatnn 04.09.2026

Jabalpur/Bhopal: A division bench of Madhya Pradesh high court refused to interfere with a single-judge bench order, directing the state to grant an increment due to a specially abled govt employee, regardless of her failing to clear a typing test. 

The order came on a writ petition filed by the govt, challenging the single-bench ruling on the contention that the grant of increment in this case may set a precedent for other employees to demand a similar raise in pay without having the requisite qualification. 

Dismissing the state’s contention, the division bench of Justice Vivek Rusia, the acting Chief Justice, and Justice Pavan Kumar Dwivedi, in its August 21 order, said the apprehension of the grant of increment setting an unhealthy precedent was ‘absolutely baseless’, as the case of petitioner Sanju Yadav and 24 more specially abled employees was reconsidered by the govt through an order on April 15, 1999, as a special case for granting compassionate appointment, relaxing all conditions. “Once such sensitivity and compassion was shown at the time of appointment, it is highly improbable on the part of the state government to deny the benefit of increment on account of not passing the typing examination,” the bench ruled. 

The judges noted that the petitioner was ‘highly qualified’, possessing an MSc degree (first division) and a BEd degree from Jiwaji University, adding that with the passage of time, the govt itself has done away with the requirement of passing a typing test, as typewriters have come to be replaced by computers. “We find no merit in the present writ appeal. The same is, accordingly, dismissed,” the bench ruled, junking the plea.