Allahabad High Court
Birendra Prasad Vishwakarma vs Chief Medical Officer, Ballia And Ors. on 26 February, 2002
Equivalent citations: 2002(2)AWC1296
Author: R.B. Misra
Bench: R.B. Misra
JUDGMENT R.B. Misra, J.
1. In this writ petition the prayer has been prayed to quash the order dated 31.12.1996 (Annexure-13).
2. Heard Shri V.K. Shukla, learned counsel for the petitioner and learned standing counsel for the respondents and with the consent of the parties this writ petition is decided finally at this stage.
3. Pursuant to U. P, Recruitment of Dependent of Government Servants Dying in Harness Rules, 1974 (called in short 'Rules 1974' hereinafter), the petitioner was given appointment to Class IV post on account of death of his father. The petitioner was High School only and had appeared in the Intermediate examination at relevant time and has passed the Intermediate subsequently. He claimed that the appointment to the post on which he has been engaged on compassionate grounds was not in consonance to the qualifications he possessed, whereas he was to be posted as Basic Health worker in Class III category and his representation to that effect was considered by the concerned authority. Therefore, he filed Writ Petition No. 2102 of 1995, which was disposed of on 11.9.1996 (Annexure-12) with the direction to the concerned respondent to consider his case within a specified period. In compliance thereto, the representation of the petitioner was considered and disposed of by order dated 31.12.1996 (Annexure-13) by the Chief Medical Officer, Ballta, indicating that the requirement for the employment to the Class III post is Intermediate. Admittedly the petitioner was not having a qualification because at the relevant time, he was High School only. The other ground for not acceding to the request of the petitioner was that for the post of Basic Health Worker incumbent should have completed the departmental training which too was not in his possession. According to Sri V.K. Shukla, learned counsel for the petitioner, that at the relevant time the requirement of departmental training for Basic Health Worker was not prescribed whereas it was a requirement at the time of posting. However. Shri Shukla learned counsel has fairly stated before this Court, that the petitioner has already been employed to the Class IV post.
4. I have gone through the contentions of the writ petition and I find that at relevant time, the petitioner was only 'High School' and was not having the minimum qualification of Intermediate which he acquired later on. Therefore, the benefit of same could not be given to him and his case could not have been considered in view of the U. P. Public Service Commission v. Alpana, 1994 (2) AWC 675 (SC) : (1994) 2 SCC 723, to the post of Class III. Therefore, I find no illegality in the order dated 31.12.1996 passed by Chief Medical Officer, Ballia, the impugned in the writ petition, therefore, I am not inclined to invoke my Jurisdiction under Article 226 of the Constitution. The writ petition is dismissed accordingly.