SHOBHIT SRIVASTAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed seeking to quash an order dtd. 28/3/2023 passed by the Officer on Special Duty (Establishment), Kanpur Development Authority, Kanpur to the extent alone that it directs a further typing test to be taken by the petitioners on 12/4/2023 in compliance with an order of the Vice-Chairman of the Development Authority aforesaid. The petitioners have further sought a mandamus to restrain the holding of the scheduled typing test on 12/4/2023 in terms of the impugned order dtd. 28/3/2023.

(2.) The petitioners are all Clerks in the employ of the Kanpur Development Authority, Kanpur (for short, 'the KDA') and all of them have been appointed on compassionate ground. The first petitioner Shobhit Srivastava was appointed on 28/1/2018 whereas the second petitioner Ajay Srivastava was appointed on 30/5/2017. The third petitioner Abhishek Tripathi was appointed on 20/12/2017.

(3.) It is common ground between parties that notwithstanding the petitioners' appointment under the dying in harness Rules, the post held by them requires the petitioners to qualify with a typing speed of 25 words per minute. The aforesaid qualification is essential. In this regard, reference may be made to the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short, 'the Rules of 1974'). These Rules have been amended by the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness (13th Amendment) Rules, 2022 (for short, 'the 13th Amendment Rules), that have been published in the official gazette on 27/12/2022. Rule 5 of the Rules of 1974 has been amended by the 13th Amendment Rules and it would be gainful to reproduce the amended and unamended Rule 5 in extenso: