Ramesh Yadav vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.�The petitioner was appointed on compassionate ground on the post of "Anurekhak"/Tracer (Class III post) in the Revenue Department, District Dehradun on 28.04.2011. The petitioner was not having the necessary qualifications, which were required for the said post, on which the petitioner was appointed. Hence the petitioner has been given the pay-grade of non-technical post. The petitioner says that since he has been given the salary for non technical post, he shall be absorbed on the post of Junior Clerk-cum-Typist. According to the petitioner, he has sought only appointment on a non-technical post and admittedly he was not qualified for the technical post. Therefore, as far as possible, the claim of the petitioner for the pay-grade of the technical post, the same is not justified. This is not liable to be given to the petitioner. However, since the recommendation itself, according to the petitioner, was made on the post of clerical i.e. non-technical post, in case such a post is vacant in the department, the respondents shall consider the case of the petitioner and absorbed him to the post of clerical post i.e. non-technical post.

With the aforesaid observation, the writ petition stands disposed. No order as to costs.