Allahabad High Court
Sundar Lal vs State Of ... on 17 January, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 17615 of 2020
Petitioner :- Sundar Lal
Respondent :- State Of U.P.Thru.Prin.Secy.Irrigation Deptt. And Anr.
Counsel for Petitioner :- Raj Kumar Upadhyaya R.K.,Shivani
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Chaudhary,J.
By present writ petition, petitioner has challenged order dated 10.06.2020.
Submission of learned counsel for petitioner is that petitioner, who was a class IV employee, claims to be promoted on Class-III post on the basis of government order dated 22-05-2012, which provides 15% of vacancies to be available for promotion from Class-IV employees.
Petitioner has passed High School Examination and has knowledge of typing.
Submission of learned counsel for petitioner is that by impugned order dated 10.06.2020, respondents, finding typing speed of petitioner as 14 W.P.M., rejected his claim holding that minimum typing speed required is 25 W.P.M.
Submission of learned counsel for petitioner is that tying speed of 25 W.P.M. to 30 W.P.M. is required for direct appointees and not for promotees.
Reliance is placed on Judgment dated 19-04-2017 passed by this court in ?Writ A No. 31072 of 2016, Mukesh Kumar Versus State of U.P. and Others?. In the said case also, this court considered similar government order dated 18th March, 2011. In said writ petition, after considering provisions of government order dated 18th March, 2011, this court held as under :-
"Thus, for a candidate, who is to be appointed by direct recruitment, the requirement is that apart from possessing the requisite educational qualification specified, he should also possess typing speed of 25-30 words per minute. However, while considering the candidature of a class IV employee for promotion, the requirement is that he should be High School and should have knowledge of typing. The rule does not specify any speed which a class IV employee should have, before he could be considered for promotion. Thus, the Government Order makes a conscious distinction in the procedure for direct recruitment and promotion. Had the intent been that for promotion, a candidate should, like in case of direct recruit, have a typing speed of 25-30 words per minute, the same provision could have been incorporated in the Government Order, as in the case of direct recruit. However, all that is required for a class IV employee is knowledge of typing and not the speed of 25-30 words per minute.
It was always open to the appointing authority to prescribe the criteria to adjudge as to whether a candidate seeking promotion possesses requisite knowledge of typing or not but in the opinion of the Court, the said criteria could not be the same which is prescribed for a direct recruit. A candidate seeking promotion from class IV post cannot be adjudged on the same yard stick as is applicable to a direct recruit. It is for the said reason that while the Government Order prescribed the typing speed for adjudging the candidate seeking appointment directly but only a knowledge of typing is all that is required in case of a promotee."
Case of petitioner is squarely covered by aforesaid Judgment. More so when, petitioner is already having typing speed of 14 W.P.M.
In view of aforesaid, writ petition is allowed and impugned order dated 10.06.2020 passed by respondent no. 2 as contained in Annexure No. 1 to the writ petition is set aside.
Respondent no. 2 is directed to reconsider case of petitioner for promotion in view of findings given above and pass a fresh order in accordance with law within a period of two months from the date a certified copy of this order is placed before him.
Order Date :- 17.1.2023
Arti/-
[Vivek Chaudhary,J.]
