SONI Vs. STATE OF UTTARAKHAND & ORS

JUDGEMENT

(1.) This writ petition has been filed for the following reliefs:

(2.) Counter affidavit has been filed by the respondent nos.2 and 3, wherein it is stated that respondents scrutinized the claim of the petitioner whereafter it was found that the petitioner did not have the minimum requisite qualification which is required for Sever Beldar/Assistant Linemen. As per Service Rules of 2004 of Uttarakhand Jal Sansthan, the minimum educational qualification for Sever Beldar/Assistant Linemen as prescribed is 5th class pass, however, after verification, it was found that petitioner is only 3rd class pass. It is also stated that though the petitioner does not possess minimum qualification, even then, the respondents are ready to re-consider the claim of the petitioner for compassionate appointment.

(3.) Learned counsel for respondent nos.1 and 2 submits that 3rd class pass and 5th class pass does not make any difference but the objective behind fixing minimum qualification as 5th class is to find an employee, who is at least acquainted in writing applications and making signatures on pay slip, etc. He further submits that in the peculiar facts and circumstances of the case, and also considering the nature of service, respondent department is ready to give relaxation to the petitioner in educational qualification and is ready to re-consider the case of the petitioner for appointment on compassionate ground but requested that it may not be treated as precedent for others.