- (1.) JANARDAN Sahai, J. Heard Sri B. S. Pandey Counsel for the petitioner, Sri K. N. Misra Counsel for Respondent No. 1 and the Standing Counsel for Respondent No. 2. Sri K. N. Mishra representing Respondent No. 1 and the Standing Counsel representing Respondent No. 2 state that they do not intend to file any counter-affidavit and the petition may be disposed of at the admission stage. With the consent of the parties' Counsel, this petition is being dispose of finally.
(2.) THE husband of the petitioner was employed on Class III post in the District Co-operative Bank Ltd. , Basti, Khaliabad and he died in harness leaving behind the petitioner his widow and two minor children. THE petitioner was given appointment under Regulation 104 of the U. P. Co-operative Societies Employees Service Regulations, 1975, which provides for employment on compassionate ground to the dependent of the deceased employee. THE appointment of the petitioner was made in Class III. Minimum qualification for Class III post is graduation. However, the petitioner did not possess the minimum qualification, as she is only Intermediate. As such a condition was imposed in the appointment letter that the petitioner would be given Class IV post if no approval was granted by the Registrar or by the Co-operative Institutional Service Board by an order dated 19-1-1996, the Registrar, Co-operative Societies granted relaxation to the petitioner that she may acquire minimum qualification of graduation within a period of three years. Copy of this order has been annexed as Annexure 5 to the writ petition. Order dated 13-3-1996 was passed by the Respondent No. 1 in compliance repeating same terms to complete graduation and by the impugned order dated 14-3-2000, the petitioner has been deprived of Class III post, which she was holding and appointed to Class IV on the ground that the petitioner did not acquire the necessary educational qualification as directed by the order dated 19-1-1996 of the Registrar, Co-operative Societies. THEse orders namely 19-1-96, 13-3-96 and 14-3-2000 are the subject- matter of challenge in the present writ petition. After the petition was filed the petitioner has filed a supplementary affidavit explaining the delay in filing the writ petition. It has been stated that the petitioner had filed a representation dated 8-5-96 to the Secretary, Co-operative Societies. Other averments have also been made in this regard. Since no counter-affidavit has been filed to the supplementary affidavit, the averments made in the supplementary affidavit are taken to be correct and the explanation that relief by means of representation was being sought is sufficient to explain the delay and the petition is not being thrown out on the ground of laches. On the merits the learned Counsel for the petitioner submits that the Registrar has granted relaxation to Anjum Rani Gupta, who was also appointed on compassionate ground as clerk-cum-cashier and who also did not possess the necessary minimum qualification. It is submitted that the relaxation which was granted to Anjum Rani Gupta was in different terms in that she was not required to acquire minimum qualification for the post of clerk, which she did not possess but only condition was that she would not be promoted until she acquired them. Counsel for the petitioner places reliance on a decision of this Court reported in 1994 (2) UPLBEC 1034, Smt. Mandavi Gupta v. Registrar Co-operative Societies, U. P. Lucknow, wherein it has been held that the Registrar has power to grant relaxation in such cases and no discrimination can be adopted in such matters being violative of Articles 14 and 16 of the Constitution. It was held that relaxation could not be refused to Mandavi Gupta. The case of the petitioner is similar to that of Anjum Rani Gupta and that of Mandavi Gupta. As the case of the petitioner is similar to that of Anjum Rani Gupta the petitioner was also entitled to be similarly treated and to be granted relaxation in educational qualification.
(3.) IN view of the facts stated above the writ petition is allowed. The order dated 19-1-1996 of Registrar 13-3-1996 and 14-3-2000 of Secretary reverting the petitioner are quashed. The petitioner will be reinstated as clerk but back wages for the period she has not worked as clerk will not be paid to her and she will be paid salary as clerk from the date of her reinstatement. The appointment of the petitioner as clerk would be subject to the same conditions as that of Anjum Rani Gupta in the matter of acquisition of qualification for promotion. Petition allowed. .;