Allahabad High Court
Smt. Sudha Tomar vs State Of Up And 4 Others on 18 March, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:38469 Court No. - 6 Case :- WRIT - A No. - 734 of 2025 Petitioner :- Smt. Sudha Tomar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Neeraj Shukla Counsel for Respondent :- C.S.C.,Yatindra Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Neeraj Shukla, learned counsel for petitioner and Sri Yatindra, Advocate for Respondents-2 to 5.
2. Petitioner-Smt. Sudha Tomar, has submitted an application for compassionate appointment on 15.12.2022 since her husband-Late Pradeep Tomar, died in-harness on 02.02.2020. Petitioner?s application was considered and she was appointed by appointment letter dated 03.01.2023 on the post of Junior Clerk with condition that she has to pass CCC Certificate from Rastriya Electronic Evam Suchna Prodhogiki Sansthan as well as Typing Test of 25 words per minute within one year.
3. Learned counsel for petitioner submits that within one year petitioner has passed Course on Computer Concept (CCC 80 hours) from Uttar Pradesh Development Systems Corporation Ltd. and the certificate was dated 31.10.2023. Learned counsel further submits that thought petitioner has fulfilled the conditions prescribed in appointment letter but her salary was not paid, therefore, she approached this Court by filing Writ-A No. 14440 of 2024, which was disposed of vide order dated 15.10.2024 with a direction to consider her representation.
4. Meanwhile, a communication dated 25.09.2024 was made by Secretary, U.P. Basic Shiksha Parishad, Prayagraj to District Basic Education Officer, Shamli to consider the case of petitioner since apparently she does not possess requisite qualification at the time of appointment in terms of Government Orders dated 04.09.2000 and 16.12.2016.
5. In above circumstances, show cause notices dated 26.09.2024, 05.12.2024 and 16.12.2024 were issued, to which petitioner has submitted reply dated 27.09.2024, 10.12.2024 and 20.12.2024. Thereafter by means of impugned order dated 28.12.2024 petitioner?s appointment on the post of Junior Clerk was set aside and she was offered appointment on a Class-IV post. Impugned order is reproduced hereinafter:
"?? ???????? ?? ???????/ ?????- ????????/7874-00/2022-23 ?????? 03.01.2023 ?? ?????? ???? ???? ?????? ???? ?? ???????? ?0??? ?? ?? ?? ??????? ???? ??? ??? ???? ?????? ???????? ?? ??? ????????? ???????????? ??? ????? ???????????? ??????? ?????? ??????? ???????? ?? ????????? (?????????) ?????? ???? ?????? ???? ??? ???????? ????, ?????? ????? ?????? ????? ????????? ?? ???????-????????/11008/2024-25 ?????? 25.09.2024 ?? ?????? ?? ???????? ?? ???? ????? ??? ?? ?? ???????? ??? 3309/79-5-2016 ?????? ?????? -5 ???? ?????? 16 ??????? 2016 ?????? ??????? ?????? ?? ?????? ?? ????? ??? ??????? ?????? ??????????? ?? ???-??? ???? (DOEACC) ??????? ?????? ?????? ????????? (CCC) ?????? ???? ??? ?????? / ??????? ?? ?? ?? 25 / 30 ???? ????? ???? ?? ??? ??? ????????? ?? ??? ??? ?? ?????? ???????? ?? ??? ????? ?? ???? ??????? ?????? ????? ???? ??? ???? ????? ?? ?? ?? ??? ???????? ???????? ??? 5193/15-5-200-400(222)/99 ????? 4.09.2000 ?? ?????? ??? 03 (2) ??? ???????? ?????????? ?? ?????? ???
?? ???????? ?? ???????? ????? /7350-59/2024-25 ?????? 26.09.2024 ????? /10483-90/2024-25 ????? 05.12.2024 ??? ???????? ????? /10893-10900/2024-25 ?????? 16.12.2025 ????? ?? ?????? ???? ???? ?????? ?? ??????? ??? ???? ????? ?????????? ????????? ???? ????????????? ?? ???????? ??? ?? ?????? ?? ???? ?????? ????? ?? ??????? ???? ??? ??, ???? ?????? ???? ?????? ??? ?????? 27.09.2024. 10.12.2024 ??? 20.12.2024 ?? ???? ????? ?????????? ??????????? ???????? ?? ?????? ????? ??? ????? ?? ?????? ???????? ???? ?????? ????? ?????? ????? ????????? ?? ??????? ??? ?????/11006/2024-25 ????? 25.09.2024 ??? ???? ??? ???????? ?? ?????? ?????????? / ?????????? ??????? ???? ????? ??? ??? ????, ?????? ????? ?????? ????? ????????? ?????? ????????? ???? ??? ?? ?? ???????? ?? ??? ????? ?? ???? ??????? ?????? ????? ???? ???? ???
???????? ????, ?????? ????? ?????? ????? ????????? ?? ??????? ????????/11006/2024-25 ?????? 25.09.2024 ??? ???? ??? ????????? ?? ??????? ??? ???? ???????? ???? ?? ????? ?? ?? ?? ???? ?????? ?? ???? ??? ?? ?????? ?????? ???????? ?? ?? ?? ???????? ???? ???? ?????????? ????? ?????"
6. Learned counsel for petitioner submits that petitioner?s appointment was conditional that she has to acquire CCC Certificate as well as Typing Speed of 25 words per minute within a year and accordingly she got CCC Certificate from Uttar Pradesh Development Systems Corporation Ltd., therefore, the condition was fulfilled and her appointment cannot be interfered thereafter. Reference was made to Uttar Pradesh Recruitment of Dependents of Government Servants Dying In Harness (Thirteenth Amendment) Rules, 2022 that in such circumstances if CCC Certificate from DOEACC with speed of 25 words per minute is achieved within a year, compassionate appointee may continue on the post of Clerk. Learned counsel further submits that petitioner made reply on the issue mentioning all above referred provisions, however, it was not considered and on erroneous ground impugned order was passed.
7. Learned counsel appearing for respondents has not denied that appointment of petitioner was conditional. However, he further submits that when petitioner was appointed Government Orders dated 04.09.2000 and 16.12.2016 were in force and according to it, on the date of appointment petitioner ought to have possess all requisite qualification required for the post of Junior Clerk. However, admittedly petitioner does not possess requisite qualification at the time when she filed application for compassionate appointment at the time of her appointment.
8. I have heard learned counsel for parties and perused the material available on record.
9. Undisputedly, petitioner was appointed on compassionate ground with condition that she has to possess CCC Certificate from Rastriya Electronic Evam Suchna Prodhogiki Sansthan as well as Typing Speed of 25 words per minute within one year, i.e., before 02.01.2024. Learned counsel for petitioner has referred a certificate of CCC from Uttar Pradesh Development Systems Corporation Ltd. before one year.
10. At this stage, it is relevant to mention that respondents have not taken note of said certificate as well as there is no consideration, whether said certificate was sufficient or equal to CCC Certificate as mentioned in appointment letter. Therefore, this Court is of the view that in the case of petitioner Uttar Pradesh Recruitment of Dependents of Government Servants Dying In Harness (Thirteenth Amendment) Rules, 2022 are not applicable since said Rules are not adopted and her services are governed by Government Orders dated 04.09.2000 and 16.12.2016, which requires that petitioner must possess all requisite qualification on the date of appointment. The conditions mentioned in appointment letter were required to modify however, till date it was not modified. Even in impugned order, there is no reference about said conditions. Therefore, once conditions are still in existence, the petitioner cannot be put in an adverse position. The impugned order, therefore, in its present form, does not survive.
11. It would be necessary to observe here that State-Respondents are still at liberty to verify whether petitioner has passed CCC Certificate from a recognized Institution as required under the provisions and whether she possess requisite typing speed and for that petitioner can be put on typing test.
12. In view of above, while setting aside impugned order dated 28.12.2024 this writ petition is disposed of with observation that concerned respondent may scrutinize petitioner?s qualification so far as CCC Certificate and typing speed is concerned and for that six weeks period is granted from today. It is also directed that for a period of six weeks from today, petitioner may not join her services as Junior Clerk, subject to above referred verification.
Order Date :- 18.3.2025 AK