ASHOK BHUSHAN, J. - (1.) HEARD Counsel for the petitioner and learned Standing Counsel. Counter and rejoinder affidavits have been exchanged and with the consent of the parties' Counsel, the writ petition is disposed of.
(2.) BY this writ petition, the petitioner has prayed for quashing of the order dated 2nd/3rd July, 2001 and order dated 18th September, 2001. A further writ has been prayed for directing the District Magistrate, Etawah to allow the petitioner to discharge her duty as Clerk -Copyist in his department without hindrance and continue paying her salary regularly month to month along with arrears of salary. The facts of the case which emerge from the pleadings of the parties are; the petitioner's husband, late Sri Sunil Kumar Tiwari, was working as a Clerk in the office of Collector, Etawah. He died on 8th April, 2000 while in service. The petitioner, who is a post graduate, claimed employment as dependent of deceased employee. The Collector vide his order dated 27th April, 2000 has given appointment to the petitioner as dependent of deceased employee on the post of Clerk -Copyist in the pay scale of Rs. 3050 -4590. In the appointment letter a condition was also incorporated that petitioner in the next three months should acquire necessary knowledge of typing and if she does not acquire necessary efficiency in typing, her services will be terminated. The petitioner in pursuance of the order dated 27th April, 2000 submitted her joining on 28th April, 2000 which was accepted and she started working. A notice was issued on 9th August, 2000 to the petitioner that petitioner's typing speed has been found to be less than 25 words per minute which was depicted in the examination held on 7th August, 2000. The petitioner was directed to acquire necessary efficiency within 15 days. Several other notices were issued and subsequently on 3rd July, 2001 a letter was issued to the petitioner that petitioner may submit her joining after she become fit for typing and till that period there is no requirement of her coming in the office. The petitioner submitted an application on 9th July, 2001 to the Collector stating that although she has knowledge of typing but while typing with a fast speed she develops pain in her left hand and the doctors have advised her not to do typing work, she further stated that the fact that her knowledge of typing is less than 25 words per minute does not mean that she has only preliminary knowledge of typing. It has been stated that petitioner has one minor son of six years. She further stated that she would improve her knowledge of typing if the time is allowed. On 18th September, 2001 notice was again issued that petitioner is finally allowed three months time to acquire knowledge of typing according to prescribed standard. The petitioner has come up in the writ petition in view of the aforesaid facts.
(3.) A counter affidavit has been filed by the respondents in which it has been stated that for the post of Clerk -Copyist, the essential qualification is that the candidate must know typing work. The petitioner did not have knowledge of typing and taking a lenient and sympathetic view her appointment was made on the post of Clerk -Copyist. It has been stated that petitioner was given several opportunities but she has not acquired necessary speed in the typing.;