Shobhit Srivastava vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1147

J. J. MUNIR
Shobhit Srivastava – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates Appeared:
For the Petitioner: Rajesh Dwivedi.
For the Respondent: C.S.C., Anand Prakash Paul.

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 requir