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2021 Supreme(All) 846

SUNEET KUMAR
Vimal Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Siddharth Khare, Santosh Kumar Yadav.

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 fail

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