LAWS(ALL)-2011-11-77

URMILA DEVI Vs. STATE OF U P

Decided On November 11, 2011
URMILA DEVI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) We have heard Shri B.N. Singh, learned counsel for the appellant. Shri J.K. Tiwari, learned Standing Counsel appears for the State respondents.

(2.) This intra court special appeal is directed against the short judgment of learned Single Judge dated 23.9.2010 by which he dismissed the writ petition filed by the petitioner-appellant against the order of the District Magistrate, Etah dated 25th September, 2008 cancelling the letter of her appointment dated 16th December, 1996, on the post of clerk on compassionate ground on the death of her husband, who died in harness, serving as a clerk in the Collectorate.

(3.) In the order dated 25th September, 2008 passed by the District Magistrate, he has observed that the petitioner-appellant was appointed on compassionate ground with the condition that she will learn typing within six months of her appointment dated 16th December, 1996. She did not produce any certificate of learning typing for a long period of time. Later on it was found that she was not eligible to be appointed as she did not have essential educational qualifications to be appointed on the post of Junior Clerk. She had passed High School examination in 1981 and had declared that she had passed Madhyama First Part (Visharad) and Madhyama Second Part (Visharad) examination conducted by the Hindi Sahitya Sammelan, Prayag, which is not equivalent to the Intermediate Examination.