Allahabad High Court
Smt. Vibha Chaudhary vs State Of U.P. Thru. Prin. Secy. ... on 25 September, 2023
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:61787
Court No. - 20
Case :- WRIT - A No. - 7182 of 2023
Petitioner :- Smt. Vibha Chaudhary
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Irrigation Lko. And 3 Others
Counsel for Petitioner :- Mohd. Hayan Hasan,Ripu Daman Shahi
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging order dated 04.08.2023 whereby previous appointment given to petitioner on compassionate basis has been cancelled. Also under challenge is order dated 04.09.2023 whereby in pursuance of the impugned order dated 04.08.2023, petitioner has been given a fresh appointment on a Class IV post.
3. It is submitted that by means of impugned order dated 04.08.2023, petitioner's services have been terminated placing reliance on Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness (Thirteenth Amendment), Rules 2022 which even otherwise are inapplicable since they are not retrospective in nature but it is admitted that as per appointment letter, petitioner was required to obtain necessary qualification regarding typing within a certain time which could not be acquired by him.
4. Learned counsel for petitioner has placed reliance on judgment rendered by this Court in the case of Smt. Abha Devi passed in Writ A No.4595 of 2023, which is as follows:-
"1. Heard Sri Anand Prakash Singh, learned counsel appearing for the petitioner and learned Chief Standing Counsel appearing for the State.
2. Present petition under Article 226 of the Constitution of India has been filed by the petitioner being aggrieved by the order dated 04.04.2023 passed by the Director (Administration), Medical and Health Services, Lucknow, Uttar Pradesh, whereby the petitioner has been declared ineligible to work on Class III post and the petitioner has been demoted to Class IV post and directed to join the Class IV post within a period of one week, otherwise she will be terminated from service.
3. First typing test of the petitioner was conducted on 25.03.2022 in which she was declared unqualified. However, in second typing test scheduled on 03.04.2023, she remained absent, therefore, it has been held that the petitioner is not qualified to hold Class III post. Her appointment on the post of Junior Assistant has been cancelled and she has been directed to join on Class IV post vide impugned order.
4. The petitioner was appointed vide order dated 17.12.2015 under the provisions of The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as 'Rules, 1974') on the post of Junior Assistant. Appointment letter itself would disclose that the petitioner must have typing efficiency of 25 words per minutes. It appears that petitioner's typing efficiency was not assessed at the time of her appointment under Rules, 1974, and she continued on the post and also got regularized. Typing tests were organized as mentioned above. In both the typing tests, the petitioner failed and, therefore, impugned order has been passed demoting her to the Class IV post.
5. Learned Chief Standing Counsel appearing for the State submits that the petitioner has been given opportunity to clear typing test twice, which is an essential qualification for the post in question, but she could not qualify the same, therefore, she is not eligible for the Class III post. Impugned order has rightly been passed which does not require any interference by this Court.
6. Learned counsel appearing for the petitioner submits that the petitioner was not assigned any work of typing, therefore, her proficiency of the typing got decreased and she failed in the typing test. He further submits that the petitioner would succeed if she is given a chance after a period of three months to prove her typing efficiency, as she met with an accident and for this reason the petitioner was on medical leave w.e.f. 24.03.2023 to 09.05.2023 and till date she is not completely well. It is further submitted that if she qualifies in the third chance, her posting as a Class III employee should be directed to continue and if she fails, she would work on Class IV post.
7. Learned counsel appearing for the petitioner also submits that in similar set of facts, this Court vide order dated 05.05.2023 passed in Writ A No.3316 of 2023 (Smt. Ritu Yadav vs. State of U.P. and Others) exercising equity jurisdiction, has directed the respondents to take a fresh typing test of the candidate, therefore, same opportunity may also be given to the present petitioner.
8. In continuation to the above, it is stated that name of Smt. Ritu Yadav also finds place in the impugned order dated 04.04.2023 and challenging the same, she approached before this Court and upon due consideration, this Court passed the order dated 05.05.2023.
9. Learned Chief Standing Counsel appearing for the State has opposed this prayer. However, he has left it to the discretion of the Court to pass appropriate order(s).
10. Considering the aforesaid facts, indicating that the case of the present petitioner is similar to the case of Smt. Ritu Yadav, this Court directs the respondents to take a fresh typing test after a period of three months from today, and if the petitioner qualifies the typing test and it is found that the petitioner has typing proficiency of 25 words per minutes in Hindi, she should be allowed to continue on the Class III post. If the petitioner fails despite the last opportunity, which is granted by this Court in exercise of equity jurisdiction, the petitioner shall continue on Class IV post.
11. With the aforesaid direction/observation, the writ petition stands disposed of."
5. From a perusal of aforesaid judgement, it appears that petitioner would also be entitled for the same benefit as granted in the said petition.
6. In view of aforesaid, granting similar benefit, opposite parties are directed to take a fresh typing test of petitioner after the period of three months from today. In case it is found that the petitioner has obtained the typing proficiency required, she would be allowed to continue on a Class III post, failing which, the impugned orders would stand revive.
7. Considering the aforesaid observation/direction, petition stands disposed of.
Order Date :- 25.9.2023
Mohd. Sharif
