Allahabad High Court
Krishna Pal Verma vs State Of U.P. And Others on 5 October, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 17881 of 2009 Petitioner :- Krishna Pal Verma Respondent :- State Of U.P. And Others Petitioner Counsel :- Siddharth Khare,Ashok Khare Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioner had claimed compassionate appointment on the death of his father who died in harness on 10th October, 2008 while working as Boring Technician in the Minor Irrigation Department at Meerut. According to the petitioner, he possessed the requisite qualification for appointment as Assistant Clerk (Regional) in accordance with the provisions of U.P. Minor Irrigation Department (Ministerial Staff, Accounts and Audit) Government Employees Service Rules, 1992 but the respondents appointed him on compassionate grounds on a Class IV post since his Hindi Typing speed was less than 25 words per minute.
Sri Siddharth Khare, learned counsel for the petitioner has submitted that though the Intermediate Examination is the requisite educational qualification for the post of Junior Assistants mentioned at serial nos. 6, 7, 8, 9 and 10 but for the post of Junior Assistant (Regional) only knowledge of English Typing is the preferential requirement as against the Hindi Typing speed of 25 words per minute for the posts mentioned at serial nos. 6 to 9. He, therefore, submits that the claim of the petitioner for appointment on Class IV post has wrongly been rejected on the ground that he does not possess the requisite Hindi typing speed.
The records of the writ petition indicate that thought initially the petitioner was not given appointment on Class III post and was offered appointment on Class IV post but subsequently the Hindi Typing Test of the petitioner was held in which his typing speed was found to be less than 25 words per minute.
Learned Standing Counsel appearing for the respondents does not dispute that so far as the post at serial no.10 is concerned, all that is required is preferential knowledge of English Typing.
In such circumstances, it would be appropriate if the respondents consider the case of the petitioner for appointment to the post at serial no.10 namely Assistant Clerk (Regional). This should be done within a period of two months from today.
It is made clear that this order shall not prevent the petitioner from continuing on the Class IV post till a decision is taken by the respondents.
The writ petition is disposed of subject to the observations made above.
Order Date :- 5.10.2010 SK