C.M. Application No. 49700 of 2008
IN
Special Appeal (D) No. 351 of 2008 (S/B)
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Hon’ble C.K. Prasad,CJ
Hon’ble Y.K. Sangal,J
This application has been filed for condoning
the delay in filing the appeal.
According to Stamp Reporter, the appeal is
barred by limitation by 1 year 7 months and 13 days.
Various reasons, which prevented the appellant
from filing the appeal within time, have been
enumerated in the affidavit filed in support of the
application.
We are of the opinion that the same constitute
sufficient cause for condoning the delay in filing the
appeal.
Accordingly, the delay in filing the appeal is
condoned.
Application stands allowed.
(C.K. Prasad,CJ)
(Y.K. Sangal,J)
Date: 21.01.2010.
RK/
Special Appeal (D) No. 351 of 2008 (S/B)
Mewa Lal vs. State of U.P. and others
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Hon’ble C.K. Prasad,CJ
Hon’ble Y.K. Sangal,J
List has been revised.
Mr. Satish Kumar Singh appears on behalf of the appellant.
Nobody appears on behalf of respondent no. 3 although the name
of Mr. U.K. Srivastava has been shown in the cause list.
Respondent no. 3-appellant, aggrieved by order dated
22.9.2006 passed by a learned Single Judge in Writ Petition No.
470 of 2000 (S/S) and order dated 23.5.2007 passed in Review
Petition No. 71 of 2007, has preferred this appeal under Rule 5
Chapter VIII of the High Court Rules.
Short facts giving rise to the present appeal are that
respondent no. 3-appellant (hereinafter referred to as ‘appellant’)
was a candidate for promotion to a class III post of Junior
Assistant. Writ petitioner-respondent no. 3 (hereinafter referred to
as ‘respondent no. 3’) was also a candidate for appointment to the
said post as a direct recruit. He had offered his candidature for
appointment in the light of the advertisement published in the
Newspapers on 10.8.1998. Respondent no. 3 had been awarded
22 marks out of total 50 marks and did not achieve the required
typing speed for appointment. The appellant, who was to be
considered from amongst the promotional quota to the post of
Junior Assistant, secured only 5 marks and did not achieve the
required typing speed. However, he was promoted on ad-hoc
basis by order dated 4.11.1999.
Respondent no. 3 challenged the said order inter alia
contending that the appellant having no required typing speed,
i.e. 25 words per minute, he ought not to have been promoted and
respondent no. 3, who had performed better than him ought to
have been appointed. The aforesaid submission found favour
with the learned Single Judge and he quashed the order of
promotion dated 4.11.1999 and while doing so, the learned
Single Judge observed as follows:
“The minimum typing speed for the post was 25
words per minute while Sri Mewa Lal could type only 4
words per minute. In view of this, Sri Mewa Lal ought
not have been appointed giving preferential treatment,
excluding other suitable candidates.”
Mr. Satish Kumar Singh, appearing on behalf of the
appellant submits that respondent no. 3 was a candidate for direct
recruitment whereas appellant was a candidate from the
promotional quota and therefore, the comparison between two
was absolutely misplaced. He submits that the appellant was
considered from the promotional quota and finding his
performance in the typing test not upto mark promoted on ad-hoc
basis and that ought not to have been interfered by the learned
Single Judge at the instance of respondent no. 3, who was a
candidate for direct recruitment.
We find substance in the submission of Mr. Singh. In our
opinion, respondent no. 3 being a candidate for direct recruitment
and the appellant from promotional quota, their comparison for
the purpose of selection is absolutely misplaced. The appellant
was considered for promotion and taking into account his
performance in the typing test, he was promoted on ad-hoc basis
subject to fulfillment of certain conditions.
We are of the opinion that the learned Single Judge ought
not have interfered at the instance of respondent no. 3.
In the result, the appeal is allowed. Impugned order of the
learned Single Judge is set aside but without any order as to cost.
(Y.K. Sangal,J) (C.K. Prasad,CJ) Date: 21.01.2010. RK/