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Smt. Munni Devi v. State Of U.P. & Others - WRIT - A No. 55003 of 2006 [2006] RD-AH 17314 (6 October 2006)


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Court No. 38

Civil Misc. Writ Petition No.55003 of 2006.

Smt. Munni Devi


The State of U.P. and others.

Hon'ble V.K. Shukla,J.

Husband of petitioner was performing and discharging his duty as Peon in Collection establishment and he died in harness on 31.3.2006. Petitioner applied for grant of compassionate appointment.  On 2.6.2006 District Magistrate, Jhansi offered appointment to  petitioner against supernumerary post of clerk with the condition that within period of three months, petitioner should acquire typing training with requisite speed. Petitioner started performing and discharging her duty. As for the purposes of clerk, typing in Hindi was necessary, as such  for undertaking typing test  date  was fixed  on 7.9.2006 . On 6.9.2006 request was made for according  three  months more time so that petitioner may improve herself to give her typing test. On 7.9.2006 typing test was taken, typing speed was reported to be nill. In view of aforementioned fact as having typing efficiency being essential qualification, and same not being liable to be relaxed. District Magistrate, Jhansi passed order directing therein that petitioner be appointed as Class IV employee. At this juncture present writ petition has been filed.  

Sri P.K. Kaushik, Advocate, learned counsel for the petitioner contended with vehemence that in the present case liberal view ought to have been taken, as it was taken in the past and some reasonable time ought to have been accorded  for acquiring efficiency in typing and as same has not been done, as such petitioner has been meted with arbitrary treatment.

Learned Standing Counsel on the other hand contended that taking lenient view of the matter against supernumerary post, petitioner was offered appointment.  As she lacks typing efficiency, she cannot be offered appointment,  and as post of clerk and as such impugned decision does not suffer from any infirmity.

After respective arguments have been advanced, undisputed position, which is emerging is that husband of petitioner had been performing his duty on Class IV post  in the recovery establishment and he died in harness on 31.3.2006. Petitioner was offered appointment as Class III employee and this fact has not been disputed by petitioner  that typing efficiency was one of the essential qualification for the post of clerk and she did not fulfill the same, even within the stipulated period. Petitioner failed to acquire  aforementioned eligibility criteria. District, Magistrate, Jhansi has mentioned that essential qualification is not at all  liable to be relaxed under Dying in Harness Rules, 1974.  Once  the undisputed position is that petitioner does not fulfill the requisite eligibility criteria , then by no stretch of imagination, petitioner could have been offered appointed as clerk. Husband of petitioner was Class IV employee and petitioner does not fulfill eligibility criteria of Class III employee, as such petitioner has rightly  been offered appointment as Class IV employee.

Consequently, there is no infirmity in the view, which has been taken. Writ petition  is dismissed.

Dt. 06.10.2006



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