1 2026:CGHC:5483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1082 of 2023 Judgment Reserved On : 13.01.2026 Judgment Delivered On : _ 31.01.2026 Nikunjraj Nayak S/o Late Doulatram Nayak, Aged About 27 Years, Presently Posted as Assistant Grade-III, At District Treasurer, Ambikapur, District Surguja, Chhattisgah. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Finance, Mahanadi Bhawan, Capital Complex, Atal Nagar, P.S. & P.O. Rakhi, District Raipur, Chhattisgarh 2 – Director, Directorate of Treasurer, Account & Pension, Block-A, First Floor, Indrawati Bhawan, Atal Nagar, Nawa Raipur District Raipur, Chhattisgarh. 3 - Regional Joint Director, Treasurer, Account And Pension, Surguja Region, Ambikapur District Surguja Chhattisgarh. 4 - Senior Treasury Officer, Block Ambikapur, District Surguja Chhattisgarh. ... Respondent(s) SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 For Petitioner(s) : Mr. Waquar Naiyer, Advocate For Respondent(s) : Mr. Anand Dadariya. Dy. AG SB: Hon’ble Mr. Justice Amitendra Kishore Prasad C A V Order 1. By way of the present petition, the writ petitioner seeks regularization of his service and grant of annual increment from the date of his initial appointment i.e. 15.1.2016. However, the respondents have regularized the petitioner’s service not from the date of his initial appointment, but from 13.12.2021, being the date on which the petitioner cleared the Hindi Typing Computer Skill Test. 2. The petitioner has prayed for the following reliefs : 10.1 The Hon'ble Court may kindly be pleased to direct the respondent authority to regularize the service of the petitioner from the initial date of appointment i.e. 15.01.2016 and also grant the seniority from the initial date of appointment; 10.2 That, this Hon'ble court may kindly be pleased to direct the respondent state to grant the annual increment from 2016 to 2022 to the petitioner. 10.3 The Hon'ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon'ble Court deems fit and proper in favourof the petitioner as per the facts & circumstance of the present case, in the ends of justice. 3. The facts germane to this case are that the petitioner was appointed as Assistant Grade-III on 15.1.2016 on compassionate 3 grounds. The appointment order stipulated certain conditions, the material conditions being that firstly, the appointment was for a temporary period of two years and secondly, during that period, the petitioner was required to obtain a one year Diploma/Certificate in Data Entry Operator and pass a Hindi Typing Test with a speed of 5000 key depressions per hour on computer. It was further stipulated as a condition precedent that in the event of failure to obtain the said Diploma/Certificate, the petitioner’s services would be liable to be removed. Further, in case of unsatisfactory performance during the two years’ probation period, the petitioner’s services were liable to be terminated. Subject to the aforesaid conditions, the petitioner was appointed on compassionate grounds as Assistant Grade-III. It is the case of the petitioner that in terms of the Circular dated 14.6.2013 issued by the State Government governing appointments on compassionate grounds to the post of Assistant Grade-III, the prescribed skill test must be cleared within a period of 2 years. Furthermore, the Circular provides that in the event of failure to clear the skill test within two years, an additional period of 1-1 year, extendable for a period of two years, would be granted for the same. It was further stipulated therein that if the skill test was not cleared within a period of four years also, annual increment would be granted only after clearance of the skill test. Moreover, after attaining the age of 45 years, relaxation was provided in respect of clearing the skill test and from the date of 4 attaining the age of 45 years, the services were to be regularized. It is the further case of the petitioner that as he already possessed a Diploma in Computer Applications, he was not required to undergo skill test. Further, he could not be compelled to clear the skill test, including the Hindi Computer typing test. 4. Learned counsel for the petitioner submits that since the petitioner was in possession of a Diploma in Computer Application at the time of his appointment itself, as such, the requirement to pass the computer skill test in Hindi typing (5000 key depressions per hour) was not applicable to him. However, the respondent authorities compelled the petitioner to appear for and clear the skill test. Consequently, the petitioner passed the skill test on 9.12.2021 and thereafter with effect from 13.12.2021, his services were regularised and he has been granted the benefit of annual increment and consequential benefits. He further submits that the petitioner is entitled to the benefit of regularization as well as annual increment from the initial date of his appointment, as he had already obtained a Diploma in Computer Applications on 17.3.2016 i.e. prior to his appointment on compassionate grounds. 5. On the other hand, learned counsel for the State would submit that the petitioner cannot ignore the fact that he was appointed on compassionate grounds and the appointment order itself specifically mandated the condition that he was required to qualify the computer skill test in Hindi Typing at 5000 key depressions per hour. This condition formed an integral part of his appointment 5 and was duly accepted by the petitioner at the time of joining. Accordingly, the petitioner cannot now contend that by virtue of possessing a Diploma in Computer Applications, he was exempt from passing the skill test within the prescribed period. He further submits that the petitioner did not clear the skill test within the stipulated time and only completed it on 9.12.2021. Therefore, the petitioner has rightly been regularized w.e.f.13.12.2021. Hence, learned counsel for the State submits that the petition is devoid of any merit and is liable to be dismissed. 6. I have heard learned counsel for the parties and also perused the documents annexed with the petition with utmost circumspection. 7. From a bare perusal of the record, it is quite vivid that the petitioner was appointed on compassionate grounds to a Class-III post, subject to the condition that he obtain a one year Diploma/Certificate in Data Entry Operator and pass a Hindi Typing Test with a speed of 5000 key depressions per hour on the computer. Passing this skill test constituted a condition precedent which the petitioner failed to fulfill within the prescribed period. As the petitioner cleared the skill test only on 9.12.2021, he has rightly been considered for regularization and other other consequential benefits w.e.f. 13.12.2021. 8. Considering the facts and circumstances of the case, in the opinion of this Court, the contention of the petitioner that he should have been granted benefits from the initial date of appointment is without merit and cannot be accepted. The 6 grievance raised by the petitioner, therefore, could not be redressed. The respondents have rightly granted regularisation and other service benefits with effect from 13.12.2021, which, in view of this Court, is correct and does not call for any interference. 9. The Petition is liable to be and is hereby dismissed. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay