- (1.) Heard learned Counsel for the petitioner and Sri Badrul Hasan, Addl. Chief Standing Counsel.
(2.) Petitioner's father, namely, Qamruddin Khan, while working on the post of Driver in the office of Executive Engineer, PWD, District Fatehpur, died on 22.8.2009 leaving behind petitioner and other legal heirs. Thereafter, the petitioner being graduate and well versed in Hindi Typing, moved an application under Uttar Pradesh Recruitment of Dependents of Government Servants Dying- in-Harness Rules, 1974 [hereinafter referred to as "1974 Rules"] for appointment on the post of Lipik (Class III post). Thereafter, the authorities fixed for test of Hindi Typing but same was not conducted on one pretext or the other and later on, he was given appointment on the post of Daftari (Class IV post ) by the Executive Engineer, PWD pursuant to which petitioner gave his joining on 28.3.2012.
(3.) Learned Counsel for the petitioner has contended that the petitioner being qualified and eligible, is entitled for appointment on a class III post but the opposite parties are illegally denying the legitimate claim of the petitioner which is highly unjust and unreasonable. Therefore, petitioner claims that necessary directions be issued to the respondents for appointment of the petitioner on a class III post.;