VIPIN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner had earlier approached this Court by filing Writ Petition No.21803 of 2018, which was disposed of vide following orders passed on 10.10.2018:-

(2.) It appears that appointment on Class IV has been issued to the petitioner on 07.07.2018. Petitioner has represented before the authorities for grant of appointment on Class III post in view of qualification possessed by the petitioner. Reliance is placed upon rule 5 of U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 in order to contend that suitable appointment, in the facts of the present case, would mean an appointment on Class III post. Learned counsel for the petitioner has also placed reliance upon a judgment of this Court passed in Special Appeal (Defective) No. 620 of 2018 (Smt. Premlata Vs. State of U.P. and 3 Others); wherein, following observations have been made vide order dated 14.09.2018:

(3.) A bare perusal of Rule 5 of the Rules of 1974 makes it crystal clear that appointment under Rule 5 aforesaid is required to be given on a suitable post. The term 'suitable' in Rule 5 aforesaid pertains to suitability of the person who desires for appointment and it has nothing to do with the post held by the deceased Government Servant. The suitability of the aspirant is required to be assessed on basis of the educational qualification and other eligibilities so possessed by such person. In the case in hand, the appellant-petitioner is having the qualification of Bachelors Degree in Arts as well as Bachelors Degree in Education.