K.C.Agrawal, N.N.Sharma, JJ. - (1.) This writ petition has been filed by Kumari Sunita daughter of late Sri Chhanga Lal resident of Public Service Commissions compounds, Allahabad for a writ of mandamus commanding the respondents to appoint the petitioner on the post of Typist in Public Service Commission U.P. Allahabad in accordance with rules framed under Article 309 of the Constitution Uttar Pradesh Recruitment of Departments of Government Servants Dying.in Harness Rules, 1974.
(2.) It was alleged that late Chhanga Lal father of petitioner was a Daftri in Public Service Commission. He was a permanent employee of Public Service Commission at the time of his death on 29-3 81.
(3.) The petitioner, who is Intermediate and possesses a speed of 35 words per minute in Hindi typing applied for the post of Typist on 26-8-81. Such posts were lying vacant in the said office as there were seven permanent post of Typists cut of which five persons were working on ad hoc basis and two were still vacant. The petitioner was entitled to preference as it was obligatory under rule 5 of the aforesaid rules, on the part of the Commission to provide her a suitable employment in government office. However, her request was turned down on 16-9-81 by Joint Secretary on the ground that such vacancy was not available.;