Point of Law: Petitioner cannot claim reversion or fresh appointment on a post which he had not held at the time of appointment under Rules, 1974.

JUDGMENT :

SUNEET KUMAR, J.

1. Heard Shri Siddharth Khare, learned counsel appearing for the petitioner and learned Standing Counsel for the State/respondents.

2. Pursuant to order dated 16 September 2021 learned Standing Counsel has received written instructions and submits that the reasons assigned in the impugned order has been reiterated by the second respondent.

3. On the consent of the parties, the matter is being heard finally at the admission stage without calling for the counter affidavit.

4. Petitioner came to be given compassionate appointment on 14 June 2018 on the post of Assistant Clerk, a Class-III post. Petitioner is having graduate degree and CCC certificate from DOEACC.

5. It was clearly provided in the appointment letter that petitioner would have to obtain computer knowledge/typing proficiency as mandated under the service rules within the period of probation.

6. Petitioner joined duties on the post of Junior Assistant in the Collectorate Sambhal. Petitioner was called upon to take the typing test of on 24 June 2019, however, petitioner sought further time to practice and gain typing speed. Thereafter, petitioner appeared on 31 January 2020 in the typing test, but failed to achieve type speed of 25 words per minute. Petitioner again was given an opportunity to improve his typing proficiency and skill but he again on 12 June 2020 failed to achieve the requisite speed in the typing test. The services of the petitioner came to be dispensed with by the second respondent, District Magistrate, Sambhal, by passing the impugned order dated 15 June 2020. The consequential order dated 15 July 2020 came to be passed by the Tehsildar, Tehsil Gunnaur, District Sambhal, terminating the services of the petitioner. Aggrieved, petitioner raised a challenge to the aforenoted orders in a petition being Writ Petition No. 7998 of 2020. The writ petition came to be disposed of by passing the judgment and order dated 5 March 2021, directing the respondent-authorities to consider the representation of the petitioner for compassionate appointment on a lower post. The relevant portion of the order for the purposes of the case is extracted:

“21. There is no infirmity in the impugned order terminating the services of the petitioner after grant of one month notice period. The impugned orders dated 15.06.2020 and 19.07.2020 are not liable to be interfered with and the prayer for quashment of the impugned orders is declined.

22................

23................

24. In the wake of the aforesaid submissions this Court feels that eligibility for appointment on lower post after the services of the petitioner have been terminated, is a matter which may be considered in the first instance by the competent authority.

25. Without going into the merits of the submissions, the matter is remitted to the respondent no. 2, District Magistrate, Sambhal. The respondent no. 2, District Magistrate, Sambhal shall decide the representation of the petitioner for appointment on a lower post under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, in accordance with law within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.

26. The computer generated copy of such order be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

27. The writ petition is disposed of finally with the above directions.”

7. In compliance thereof, by the impugned order dated 24 May 2021, claim of the petitioner for appointment on the lower post under compassionate appointment rules came to be rejecte