HEMLATA YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 05.11.2014 passed by the learned Single Bench whereby the petition preferred by the petitioner Radesh Kumar through his legal representatives for quashing the order dated 19.09.2006 has been dismissed.

(2.) The petitioner was appointed as Lower Division Clerk in the pay scale of 950-1680 on compassionate grounds vide order dated 21.07.1997 under the Rajasthan Recruitment of Dependants of Government Servants Dying While in Service Rules, 1975 and the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (hereinafter referred to as 'the Rules of 1996'). It was stipulated in the appointment order of the petitioner that he shall qualify the type test within six months. Having failed to qualify the type test, the services of the petitioner were terminated vide the impugned order dated 19.09.2006.

(3.) Learned counsel for the appellants (legal representatives of the writ petitioner) has contended that the writ petitioner was granted only two opportunities to participate in the type test. In the year 2001 he could not take the test as he was ill, while he failed to qualify in the type test conducted in the year 2002. He has submitted that he should have been granted at least three opportunities in accordance with Rule 9 of the Rules of 1996. He has also contended that two similarly situated employees, namely; Shri Hariom Singh and Shri Omprakash Verma, whose services had been terminated for failure to qualify the type test, were lateron reinstated in service after acceptance of their representatives.