1 2026:CGHC:26607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4205 of 2023 Harisharan Yadav S/o Dorelal Yadav Aged About 59 Years Assistant Grade I I In The Office Of Principle Government Higher Secondary School, Tilkeja Block Korba, District : Korba, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Secretary Scheduled Tribe And Scheduled Caste Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3 - The Director Public Instruction Department, Chhattisgarh Government, Naya Raipur, District : Raipur, Chhattisgarh 4 - The Collector Korba, District : Korba, Chhattisgarh 5 - The Assistant Commissioner Tribal Welfare Department, Korba, District : Korba, Chhattisgarh 6 - The District Education Officer Korba, District : Korba, Chhattisgarh 7 - The Joint Director Treasury, Account And Pension Bilaspur, District : Bilaspur, Chhattisgarh 2 8 - The Treasury Officer District Treasury Korba, C.G. --- Respondent(s) For Petitioner : Mr. A. S. Rajput, Adv. For Respondents : Mr. Siddharth Sharma, Panel Lawyer. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 30-6-2026 1. The petitioner has preferred the present writ petition under Article 226 of the Constitution of India challenging the order dated 20.03.2014 (Annexure P-4) passed by the Collector, Korba, whereby the remaining salary payable to the petitioner for the suspension period, excluding the subsistence allowance already paid, has been forfeited; the period of unauthorized absence from 19.06.2008 to 31.07.2009 has been treated as leave without pay; however, the said period has been directed to be counted for the purpose of pension. By the same order, the petitioner has also been held disentitled to the annual increment that would otherwise become admissible upon his obtaining exemption from passing Hindi Typing Examination, after attaining the age of 40 years. 2. Briefly stated, the facts of the case are that the petitioner was initially appointed as Assistant Grade-III in the Tribal Welfare Department in the year 1995. He was placed under suspension vide order dated 07.08.2009 (Annexure P-1) issued by 3 respondent No. 5/the Assistant Commissioner, Tribal Welfare Department, Korba, and a departmental enquiry was initiated against him. His suspension was revoked vide order dated 04.12.2012 (Annexure P-3), and he was posted at Government Higher Secondary School, Tilkeja, Block Korba. During the departmental enquiry, the petitioner admitted the charges levelled against him and tendered an apology. Consequently, by the impugned order dated 20.03.2014 (Annexure P-4), he was deprived of the salary for the suspension period except the subsistence allowance already paid, denied salary for the period of unauthorized absence, and further deprived of the benefit of annual increment. Aggrieved by the said order, the petitioner has filed the present writ petition. 3. Learned counsel for the petitioner submits that the charges levelled against the petitioner were confined to unauthorized absence and non-compliance with the directions issued by the competent authorities. It is further submitted that the petitioner fairly admitted the charges and tendered an apology; however, solely on account of such admission, he has been deprived of various service benefits, including salary and annual increments. Learned counsel further submits that although the petitioner was promoted to the post of Assistant Grade-II vide order dated 27.02.2021 (Annexure P-5), he was not granted any annual increment from the date of his initial appointment in the year 1995 4 until his promotion on 27.02.2021. It is also contended that no substantive punishment was imposed upon the petitioner in the departmental enquiry, and therefore, he could not have been deprived of his full salary for the period of suspension. Accordingly, it is prayed that the reliefs sought in the writ petition be granted. 4. The respondents/State have filed their reply. Learned counsel appearing for the State, referring to the reply, submits that the petitioner was appointed as Assistant Grade-III in the year 1995 but did not possess the certificate of the Hindi Typing Examination. Consequently, he was not entitled to annual increments on that account, although he was granted the benefit of time-scale advancement twice, as admitted by the petitioner himself, which is evident from Annexures P-6 and P-7 filed by him. It is further submitted that since the petitioner admitted the charges levelled against him during the departmental enquiry, he is not entitled to salary for the suspension period from 07.08.2009, the date of suspension, till 04.12.2012, the date of revocation of suspension. It is also contended that the petitioner remained absent from duty without authorization from 19.06.2008 to 31.07.2009 and, therefore, applying the principle of "no work, no pay", he has rightly been denied salary for the said period. It has specifically been observed by the Collector that the said period shall, however, be counted for the purpose of pension. It is lastly 5 submitted that since the petitioner did not pass the Hindi Typing Examination, he was not entitled to annual increments, and therefore, the writ petition deserves to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. The petitioner was placed under suspension vide order dated 07.08.2009 (Annexure P-1), and his suspension was revoked vide order dated 04.12.2012 (Annexure P-3). As is evident from the impugned order dated 20.03.2014 (Annexure P-4), a departmental enquiry was conducted against the petitioner on the charges of unauthorized absence and non-compliance with the orders and directions issued by his superior authorities. The petitioner admitted the charges and also tendered an apology. However, by the impugned order, the Collector, Korba imposed the following consequences upon the petitioner: firstly, the subsistence allowance already paid during the suspension period was allowed to be retained, whereas the remaining salary for the said period was forfeited to the Government; secondly, the period of unauthorized absence from 19.06.2008 to 31.07.2009 was directed to be treated as leave without pay; and thirdly, although the petitioner became exempt from passing the Hindi Typing Examination after attaining the age of 40 years, he was held disentitled to the annual increment that would otherwise have accrued upon such exemption. 6 7. A perusal of the impugned order dated 20.03.2014 (Annexure P- 4) reveals that the three consequences imposed upon the petitioner, as noticed above, do not constitute any of the major penalties prescribed under Rule 10 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as the "CCA Rules"). The denial of salary for the suspension period, except the subsistence allowance, and the denial of salary for the period of unauthorized absence are in the nature of minor penalties. During the course of hearing, when a specific query was put to the learned counsel for the petitioner as to whether any statutory appeal had been preferred against the impugned order dated 20.03.2014 passed by the Collector, Korba, he fairly submitted that no such appeal had been filed. In such circumstances, this Court is of the considered opinion that once the departmental enquiry itself was not challenged and the order imposing minor penalties has attained finality, the same cannot ordinarily be assailed in the present writ petition, particularly having regard to the nature of the charges admitted by the petitioner. 8. The respondents have filed a Circular No. 44/C-3-6/91/3/1 dated 16-1-1992 issued by the General Administration Department of the erstwhile State of Madhya Pradesh which deals with relaxation of Hindi Typing examination to the Lower Division Clerks, which reads thus :- 7 “ मध्यप्रदेश शासन सामान्य प्रशासन वि भाग क्रमाक 44/सी-3-6/91/3/1 भोपाल, विदनांक 16 जन री, 92 प्रति, शासन के समस् वि भाग, अध्यक्ष, राजस् मण्डल, म. प्र. ग् ालिलयर, समस् संभागायुक्त, समस् वि भागाध्यक्ष, समस् जिजलाध्यक्ष, मध्यप्रदेश वि षय. - विनम्न श्रेणी लिलविपक ए ं मुद्रलेखक के पद पर विनयुविक्त वि,न्दी मुद्रलेखन परीक्षा उत्तीण/ करने की अ ति1 में ृति4. सन्दभ/.- इस वि भाग का ज्ञापन क्रमांक एफ. सी-3/35/84/3/1, विदनांक 15-11-84 ए ं ज्ञापन क्र. सी-3-6/91/3/1, विदनांक 24 अगस्, 1991. विनम्न श्रेणी लिलविपक ए ं मुद्रलेखक के पद पर विनयुविक्त के पू / जो लिलविपक मान्या प्राप्त संस्था से वि,न्दी मुद्रलेखन परीक्षा उत्तीण/ न,ीं थे ए ं अभी क उत्तीण/ न,ीं कर पाये ,ैं उनके संबं1 में समय- समय पर मुद्रलेखन परीक्षा उत्तीण/ करने ,ेु समय सीमा बढ़ाई जाी र,ी ,ै ए ं /मान में य, समय सीमा इस वि भाग के आदेश क्रमांक सी-3- 6/91/3/1, विदनाक 24 अगस्, 91 द्वारा विदनाक 31-3-92 क बढ़ाई गई ,ै. 2. शासन ने इस सबं1 में पुनर्वि चार करे ,ुए अब य, विनण/य लिलया ,ै विक अब इनके संबं1 में मुद्रलेखन परीक्षा उत्तीण/ करने ,ेू समय सीमा बढ़ाये जाने के संबं1 में कोई आदेश जारी न,ीं विकया जा ेगा बल्किFक इस संबं1 में े सामान्य प्रशासन वि भाग के आदेश क्रमांक एफ. सी-3-35/1/3/84. विदनाक 15 न म्बर 84 ( जिजसके द्वारा य, आदेश प्रसारिर विकये गये थे विक ऐसे विनम्न श्रेणी लिलविपक जो शासकीय से ा में संवि लिलय विकये गये ,ै या 8 सी1ी भरी से विनयुक्त विकये गये ,ै और जिजनकी आयु 40 ष/ या उससे अति1क ,ो गई ,ै या भवि ष्य में ,ो जाय, उन्,ें वि,न्दी मुद्रलेखन परीक्षा उत्तीण/ करने से छू ट प्रदान की जाय और उनकी विनयुविक्त विनयविम की जाय) के द्वारा शाजिस ,ोंगे. मध्यप्रदेश के राज्यपाल के नाम से था आदेशानुसार, ( ओमप्रकाश मे,रा) प्रमुख सतिच म.प्र. शासन, सामान्य प्रशासन वि भाग, भोपाल, विदनांक 16 जन री, 92.” 9. A perusal of the aforesaid Circular reveals that Lower Division Clerks who had not passed the Hindi Typing Examination were granted extensions of time from time to time for passing the said examination, the last such extension being up to 31.03.1992. Thereafter, vide Circular No. 44/सी-3-6/91/3/1 dated 16.01.1992 (Annexure R-2), the General Administration Department of the erstwhile State of Madhya Pradesh decided that no further orders extending the time for passing the Typing Examination would be issued. Instead, such employees would be governed by the Circular No. एफ. सी-3-35/1/3/84 dated 15.11.1984, which provided that Lower Division Clerks who had been absorbed into Government service or appointed through direct recruitment and had attained, or would attain, the age of 40 years, would be exempted from passing the Hindi Typing Examination and their appointments would stand regularized accordingly. 10. In the present case, the petitioner was appointed as a Lower 9 Division Clerk in the Tribal Welfare Department in the year 1995. Since he had not passed the Hindi Typing Examination, he was not entitled to annual increments until he attained the age of 40 years, which, according to the petitioner, occurred in the year 2004. Consequently, in view of the Circular dated 16.01.1992 issued by the erstwhile State of Madhya Pradesh, the petitioner became entitled to annual increments after attaining the age of 40 years. However, by the impugned order dated 20.03.2014 (Annexure P-4), he was denied the benefit of exemption from passing the Hindi Typing Examination and was further held disentitled to annual increments even after attaining the age of 40 years. This part of the impugned order is contrary to the Circular dated 16.01.1992 (Annexure R-2) and, therefore, cannot be sustained in law. 11. It is well settled that executive instructions issued by the Government are binding upon the authorities administering them so long as they are not inconsistent with any statutory rule. Once the Circular dated 16.01.1992 specifically provided that employees attaining the age of 40 years shall be governed by the earlier Circular dated 15.11.1984 granting exemption from passing the Hindi Typing Examination, the respondents were bound to extend the consequential service benefits flowing therefrom. As such, the concerned employee cannot be deprived of the said benefit even by way of punishment in departmental enquiry. 10 Hence, that part of the impugned order (Annexure P-4) is not found to be sustainable. 12. In view of the foregoing discussion, the writ petition deserves to be allowed in part. Accordingly, the impugned order dated 20.03.2014 (Annexure P-4) passed by the Collector, District Korba is set aside to the extent that it deprives the petitioner of the annual increments which became due after his attaining the age of 40 years and obtaining exemption from passing the Hindi Typing Examination. The said portion of the impugned order is hereby quashed. The remaining part of the impugned order shall remain undisturbed. Consequently, the respondents are directed to extend to the petitioner the benefit of the Circular dated 16.01.1992 (Annexure R-2) issued by the erstwhile State of Madhya Pradesh by granting him annual increments from the date he attained the age of 40 years, along with all consequential service benefits. 13. Accordingly, the writ petition is allowed in part to the extent indicated hereinabove. There shall be no order as to costs. 14. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.07.03 15:19:50 +0530