Court No.22
Writ Petition No.1063(SS) of 2006
Anand Kumar ... Petitioner
Versus
State of Uttar Pradesh and others ... Opp. Parties
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Hon'ble S.S. Chauhan , J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
The present writ petition has been filed challenging the order dated 13.4.2005, inter
alia, on the ground that the petitioner instead of being appointed on Class-III post was
offered appointment on Class-IV post in pursuance to the direction of this Court passed in
Writ Petition No.806 (SS) of 2005, Anand Kumar vs. State of U,P. and others.
The petitioner was given appointment on Class-IV post by means of the impugned
order dated 13.4.2005, but the petitioner did not join on the said post and he has preferred
this writ petition claiming appointment on Class-III post.
The opposite parties have filed counter affidavit, but from the counter affidavit it is
not evident as to why the petitioner was offered Class-IV appointment when he was
qualified for Class-III post in accordance with the existing qualification. The only ground
which has been indicated in the counter affidavit is that seven persons are already working
on the post of Assistant Clerk under the orders of this Court and in absence of any Class-III
post the petitioner cannot be given appointment on Class-III post.
From the averments made in the counter affidavit, it is evident that the opposite
parties on the assumption that the petitioner cannot be given appointment on Class-III post
as no vacancy in Class-III post was available denied appointment on Class-III post. The
case of the petitioner is to be considered in accordance with his qualification on the date of
death of his father.
Counsel for the petitioner submits that in the meantime, the petitioner has
accelerated his qualification and has acquired the qualification of B.Sc B.Ed, but the said
qualification is of no avail as the petitioner’s qualification is to be seen on the said date
when his father has expired and he has applied for seeking compassionate appointment and
on the said date the petitioner was Intermediate pass and, therefore, the petitioner was
possessing the qualification of Class-III post. The opposite parties have misdirected
themselves in giving appointment to the petitioner on Class-IV post. The petitioner has not
joined and he has been contesting all throughout, therefore, the appointment offered to the
petitioner has never exhausted. In these circumstances, the impugned order cannot be
sustained in law and is liable to be quashed.
Accordingly, the writ petition is allowed and the order dated 13.4.2005 is hereby
quashed. The D.I.O.S. is directed to consider and appoint the petitioner on Class-III post or
on any other post according to his present qualification within a period of three months
from the date a certified copy is produced before him
14.7.2010
Rao/-