Devendra Kumar Arora, J. - (1.) By means of the present writ petition, the petitioner is seeking a writ in the nature of mandamus commanding the respondent No. 1 to appoint petitioner on compassionate ground on Class -III post as per his qualification i.e. Intermediate. Further prayer of the petitioner is that his representation dated 22.10.2010 (Annexure No. 12 to the writ petition) may be considered and decided.
(2.) The submission of the learned Counsel for the petitioner is that the petitioner possesses the qualification of intermediate along with six months Diploma in Officer Management on class -III post and he claims appointment on Class -III post under the provision of U.P. Recruitment of Dependents of Government Servants (Dying -in -Harness) Rules, 1974 (herein after referred to as "Rules 1974"). Further submission of the learned Counsel for the petitioner is that the father of the petitioner was working on the post of Nursing Assistant, who died in harness on 25.9.2008 leaving behind his wife Smt. Laxmi Singh Chauhan and two sons namely Sujit Singh Chauhan and Ajit Singh Chauhan (the petitioner). The mother of the petitioner Smt. Laxmi Singh Chauhan and brother Sujit Singh Chauhan have given no objection for giving appointment to the petitioner under the provision of Rules 1974. The application of the petitioner dated 16.10.2008 was forwarded by the Superintendent and the opposite party No. 2 by means of letter dated 25.2.2009 directed the petitioner to appear in typing test on 26.2.2009. The petitioner could not qualify the typing test and, therefore, Chief Medical Officer, Lucknow was directed to appoint the petitioner on the post of Dark Room Room Assistant/ECG Technician i.e. Class -IV post, if he so wishes.
(3.) Grievance of the petitioner is that the similarly situated candidates were given appointment on compassionate grounds on the post of Junior Clerk with the condition that they will acquire skill in typing and appear in typing test after a period of one year, but the petitioner has been discriminated. The petitioner brought on record the appointment of one Smt. Sunita Misra and Sri Bhaumendra Singh Rana (Annexures No. 6 and 7 to the writ petition). The petitioner has also brought on record judgment and order dated 2.3.2009 passed by this Court in writ petition No. 1392f of 2009, Smt. Neelam Shukla v/s. State of U.P. and Ors by which refusal to given appointment on account of low typing speed was quashed with the further direction to consider the claim of the petitioner for compassionate appointment on the post of Junior Clerk under Rule 5 of U.P. Recruitment of Dependents of Government Servants (Dying -in -Harness) Rules, 1974 in the light of the observation made in the Judgment.;