Sheshnath Rai vs State Of Uttarakhand & Others

Pankaj Purohit, J

Heard learned counsel for the parties.

Petitioner has challenged the order dated 13.02.2024, passed by respondent no.2, annexure-9 to the writ petition, whereby petitioner was denied the appointment on compassionate ground on the post of Nursery Development Officer in the respondent-department.

It is the case of the petitioner that petitioner has applied for compassionate appointment pursuant to unfortunate demise of his father, who died on 28.04.2021, while still in service. Petitioner was offered appointment by respondent-department vide appointment letter dated 21.04.2023. Subsequently, petitioner was denied the joining on the ground that there was no verification of his qualification of graduation and post graduation.

Learned counsel for the petitioner submits that vide letter dated 10.03.2023, which was addressed by University to the Director of the respondent-department, the qualification of the petitioner has been verified and despite that he was not being given joining pursuant to the appointment letter dated 21.04.2023.

Vide order dated 04.03.2024, learned State Counsel was directed to get clear instructions as to why the petitioner was required to appear in the typing test when he was already given appointment on the post of Nursery Development Officer.

Today, learned State Counsel passed on the written instructions, which are taken on record.

Since the written instructions have been filed by the State in the writ petition, therefore, the writ petition is being decided with the consent of the learned counsel for the parties.

In the written instructions, it has been stated that the petitioner was appointed on a Supernumerary post of Supervisor with the respondent-department. But, on the pointed query of the Court as to why petitioner was asked to appear in a typing test when he has already been appointed, it is stated by learned State Counsel that on the basis of the instructions that petitioner was given appointment on the post of Junior Assistant (a post which has been created as Supernumerary for the purpose of accommodating petitioner on compassionate ground) and the proceeding to cancel the earlier appointment dated 21.04.2023 is in progress.

From the appointment letter dated 21.04.2023, annexure-1 to the writ petition, it is reflected that petitioner was given appointment on the post of Supervisor pay scale 25500-81100 (Pay Level-4).

It is admitted by the learned State Counsel that for the post of Supervisor, the typing test is not one of the qualification, rather, B.Sc. is the necessary qualification.

Since petitioner is having the qualification of M.Sc. (AG) from Manad University Hapur, Uttar Pradesh and the document of its verification has already been filed by the petitioner on record, the appointment of the petitioner cannot be changed in this manner and he cannot be asked after issuance of the appointment to appear in a typing test and to accept a post of which he has never been appointed.

In this view of the matter, the writ petition is allowed. The order dated 13.02.2024, passed by respondent no.2 is hereby quashed. A mandamus is issued to the respondents to immediately give joining to the petitioner on the post of Supervisor pay scale 25500-81100 (Pay Level-4) within ten days from the date of production of certified copy of this order. No order as to costs.