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REKHA BORANA
Nirmal Prakash Bissa S/o Govind Prakash Bissa – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The brief facts of the case are that the petitioner was granted compassionate appointment after the death of his father vide order dated 28.02.2014 and was placed under probation for a period of two years.
2. As per the condition of the petitioner’s appointment order dated 28.02.2014, he was to acquire the computer qualification in terms of the notification dated 05.07.2010 within a period of one year of his appointment and further to pass the type test organized by the Department of Language in terms of the notification dated 07.09.2009 within a period of three years.
3. The petitioner completed his probation period on 11.03.2016 and was therefore, recommended by the Departmental Authorities for confirmation but vide letter dated 26.08.2016 issued by the Office of the Superintending Engineer, Jaipur, it was communicated that the certificate qua the computer qualification submitted by the petitioner was not in terms of notification dated 05.07.2010 and therefore, it was directed that the required computer qualification certificate be called from the petitioner so that further proceedings for his confirmation may be undertaken.
4. In pursuance to the said directions, the peti
Rule 9 reads as Procedural Requirement etc.
The court ruled that amendments to the qualification rules for LDCs eliminate the requirement for a type test for compassionate appointees who have acquired necessary computer proficiency.
The court held that the delay in conducting a required typing test was attributable to the department, not the petitioner, warranting modification of service confirmation date.
The amended Rules of 1999 clarify that the educational qualification for LDC includes senior secondary education and computer proficiency, removing the type test requirement.
Seniorities should be computed based on initial appointment dates, regardless of subsequent qualification delays.
Petitioner cannot claim reversion or fresh appointment on a post which he had not held at the time of appointment under Rules, 1974.
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