LAWS(SC)-2022-8-157

STATE OF UTTAR PRADESH Vs. MOHD REHAN KHAN

Decided On August 08, 2022
STATE OF UTTAR PRADESH Appellant
V/S
Mohd Rehan Khan Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appeal arises out of a judgment of a Division Bench of the Allahabad High Court dtd. 25/8/2020. The Division Bench dismissed the intracourt appeal filed by the appellants against the judgment of a Single Judge of the High Court dtd. 5/11/2019 directing the appellants to consider the candidature of the respondent for appointment to a Class IV post on compassionate grounds.

(3.) The father of the respondent was employed by the Government of Uttar Pradesh as a driver in the Office of Economics and Statistics Officer at Shahjahanpur. He died in harness in 2015. The respondent was appointed on a 'temporary basis' in the Class III post of a Junior Assistant at the Office of Economics and Statistics, Shahjahanpur. The letter of appointment dtd. 30/5/2016 stipulates that the respondent has to acquire a typing speed of twenty five words per minute within a year in terms of the condition stipulated in Rule 5(1) of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness (Tenth Amendment) Rules 2014[1]. Clause 4 of the letter of appointment is in the following terms: