Allahabad High Court
Deepak Sagar vs State Of U P And 2 Others on 17 March, 2023
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - A No. - 5098 of 2020
Petitioner :- Deepak Sagar
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Dharmendra Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
It is submitted by learned counsel for the petitioner that the petitioner was granted compassionate appointment on the post of Assistant Wasil Waki Nawees on 28.3.2018. It is submitted that the petitioner was required to pass the prescribed typing test, however the petitioner has failed to achieve the prescribed typing test and as such, services of petitioner has been terminated by the impugned order. It is submitted by learned counsel for the petitioner that the compassionate appointment was granted to the petitioner to tide over the crisis which has occurred to the family of the deceased employee and once the petitioner is not able to pass the typing test then the petitioner ought to have been considered for appointment on Class IV post in view of the judgment of this Court in Vimal Kumar Vs. State of U.P. and others passed in Special Appeal No.153 of 2022 dated 09.03.2022.
Learned counsel for the petitioner submits that the respondent authority while terminating the service of petitioner on the post of Assistant Wasil Waki Nawees should have considered the appointment on compassionate ground on Class IV post, which is in the present has not been done.
Learned Standing Counsel submits that the claim of the petitioner for appointment on Class IV post will be considered in accordance with law in a time bound manner.
It is to be seen that once the appointment on compassionate ground has been made which is permanent in nature and in case condition for appointment are not fulfilled by the candidate then the authority concerned is required to grant appointment on the post commensurate with his qualification. In case, petitioner has not qualified in the typing test then it was incumbent upon the authority concerned to have considered the petitioner's appointment on the post of Class IV. In this respect, the Division Bench of this Court in Vimal Kumar Vs. State of U.P. and others passed in Special Appeal No.153 of 2022 dated 09.03.2022 in paragraph 6, 7 and 8 has held:-
"6. If we go strictly by the language of the Rules, it clearly provides that on failure to pass the typing test within the extended period, the services of the employee shall be dispensed with. However, the fact remains that it is a case in which the petitioner was offered appointment on compassionate basis on account of death of the bread earner in the family. If his services are dispensed with, the family may again suffer financial crisis. The provision of Rules have to be given a purposive meaning which has nexus with the object sought to be achieved. The object is to provide support to the family of the deceased employee who dies during service. In case, service of an employee appointed on compassionate basis is dispensed with only because he had not been able to pass the typing test and if there are posts available in the lower category, his case should be examined for appointment to that category. It will not be a case of reversion of an employee from the post on which he was appointed, as reversion to a post of lower category than the post on which an employee is appointed, is not permissible in law. In case, claim of such an applicant is found to be in terms of the Rules, he can be offered fresh appointment on the lower post for which he is eligible.
7. In the case in hand, the aforesaid exercise needs to be done by the competent authority within a period of four months from the date of receipt of copy of this order.
8. In view of the aforesaid discussion, in our opinion the judgment of learned Single Judge deserves to be set aside. The respondents are directed to consider the case of the appellant for appointment on a Class IV post on compassionate basis, within four months of receipt of copy of this order. "
Learned Standing Counsel could not dispute the law laid down by this Court in above Vimal Kumar (supra).
Considering the facts and circumstances of the case, the present writ petition is disposed of directing the respondent no.2-District Magistrate, Sambhal to consider the appointment of the petitioner on Class IV post on compassionate ground within a period of three months from the date of production of a certified copy of the order.
Order Date :- 17.3.2023
D. Tamang
