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IN THE HIGH COURT OF ALLAHABAD
J.J. MUNIR, J.
Shobhit Srivastava and Others - Petitioners
Versus
State of Uttar Pradesh and Others - Respondents
Writ - A No. 6453 of 2023
Decided On : 17-07-2023
Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 - Rule 5 - Kanpur Development Authority - Establishment - Quashing order - Amendment Rules - Case of appointment - Held, There is no jurisdiction, as already said, with KDA to hold a third test to verify or confirm result of second - Even if they did hold it and found petitioners not upto mark, it would be of no consequence - There is no point about KDA holding a third test for ascertaining typewriting proficiency or petitioners' typing speed, who have already passed necessary test in accordance with Rules of 1974. Mr. Paul could not bring to this Court's notice any authority taking a contrary view on principle - Petition allowed.
JUDGMENT :
1. This writ petition has been filed seeking to quash an order dated 28.03.2023 passed by the Officer on Special Duty (Establishment), Kanpur Development Authority, Kanpur to the extent alone that it directs a further typing test to be taken by the petitioners on 12.04.2023 in compliance with an order of the Vice-Chairman of the Development Authority aforesaid. The petitioners have further sought a mandamus to restrain the holding of the scheduled typing test on 12.04.2023 in terms of the impugned order dated 28.03.2023.
2. The petitioners are all Clerks in the employ of the Kanpur Development Authority, Kanpur (for short, 'the KDA') and all of them have been appointed on compassionate ground. The first petitioner Shobhit Srivastava was appointed on 28th January, 2018 whereas the second petitioner Ajay Srivastava was appointed on 30th May, 2017. The third petitioner Abhishek Tripathi was appointed on 20th December, 2017.
3. It is common ground between parties that notwithstanding the petitioners' appointment under the dying in harness Rules, the post held by them requires the petitioners to qualify with a typing speed of 25 words per minute. The aforesaid qualification is essential. In this regard, reference may be made to the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short, 'the Rules of 1974'). These Rules have been amended by the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness (13th Amendment) Rules, 2022 (for short, 'the 13th Amendment Rules), that have been published in the official gazette on 27th December, 2022. Rule 5 of the Rules of 1974 has been amended by the 13th Amendment Rules and it would be gainful to reproduce the amended and unamended Rule 5 in extenso :
| COLUMN 1 | COLUMN 2 |
| Existing rule | Rule as hereby substituted |
| 5.(1) Recruitment of a member of the family of the deceased- In case a Government servant dies in harness after the commencement of these rules, and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purpose, be given a suitable employment in Government Service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules, if such person-
(i) fulfils the educational qualifications prescribed for the post:
Provided that in case appointment is to be made on a post for which typewriting has been prescribed as an essential qualification and the dependent of the deceased Government servant does not possess the required proficiency in typewriting, he shall be appointed subject to the condition that he would acquire the requisite speed of 25 words per minute in typewriting well within one year and if he fails to do so, his general annual increment shall be withheld and a further period of one year shall be granted to him to acquire the requisite speed in typewriting and if in the extended period also he again fails to acquire the requisite speed in typewriting, his services shall be dispensed with.
Provided further that in case appointment is to be made on a post for which the knowledge of computer |
Petitioner cannot claim reversion or fresh appointment on a post which he had not held at the time of appointment under Rules, 1974.
Reversion of employee due to failure in passing a required typing test is justified despite claims of lack of prior notice in promotion terms.
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