ABHINAVA UPADHYA,J. - (1.) HEARD the learned counsel for the petitioner and learned standing counsel.
(2.) THE husband of the petitioner it is alleged was a regular Lekhpal posted at Bilhor, District Kanpur Dehat. It is also alleged that he was murdered on 2.5.1986. The petitioner being a widow claimed appointment under the Dying in Harness Rules, 1974, which was allowed to her on 11.6.1986. Vide order dated 15th February,1991, Commissioner/Secretary, Revenue Board had directed that such untrained Lekhpals who were appointed prior to 29.05.1990 under the Provision of Dying in Harness Rules, 1974 they should be sent for training. After completing the training, such Lekhpals who were successful in the training should be retained and those who failed should be removed from service. Pursuant to the aforesaid order she was sent for training, but she failed in the same and consequently, she was removed from service vide impugned order dated 20.04.1993.
(3.) THE argument of Sri I.N. Singh, counsel for the petitioner is that having once appointed on compassionate ground, the training for the post could not have been made mandatory for her and she should have been allowed to continue on the post even if she failed in the said training.;