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2022 Supreme(SC) 1809

D. Y. CHANDRACHUD, A. S. BOPANNA
State of Uttar Pradesh – Appellant
Versus
Mohd Rehan Khan – Respondent


Advocates Appeared:
Mr. Ankit Goel, Advocate, for the Appellant; Mr. Danish Zubair Khan, Advocate, Mohd. Asad Khan, Advocate, Mr. Jayprakash Somani, Advocate, Ms. Shobha Somani, Advocate, Mr. Rajnish Kumar, Advocate, Ms. Binisha Mohanty, Advocate, Ms. Mamta Raut, Advocate, Mr. Aayshmaan Vatsayayava, Advocate, Ms. Asha Sahar, Advocate, Ms. Manju Jetley, Advocate, for the Respondent.

JUDGMENT

Dr Dhananjaya Y Chandrachud, J. - Leave granted.

2. The appeal arises out of a judgment of a Division Bench of the Allahabad High Court dated 25 August 2020. The Division Bench dismissed the intracourt appeal filed by the appellants against the judgment of a Single Judge of the High Court dated 5 November 2019 directing the appellants to consider the candidature of the respondent for appointment to a Class IV post on compassionate grounds.

3. The father of the respondent was employed by the Government of Uttar Pradesh as a driver in the Office of Economics and Statistics Officer at Shahjahanpur. He died in harness in 2015. The respondent was appointed on a 'temporary basis' in the Class III post of a Junior Assistant at the Office of Economics and Statistics, Shahjahanpur. The letter of appointment dated 30 May 2016 stipulates that the respondent has to acquire a typing speed of twenty five words per minute within a year in terms of the condition stipulated in Rule 5(1) of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness (Tenth Amendment) Rules 2014['2014 Rules']. Clause 4 of the letter of appointment is in the following terms:

    '4. As per the

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