Pushpendra Singh Bhati, J. - (1.) Petitioner has preferred this writ petition under Article 226 of the Constitution of India praying for the following reliefs:- "1. That the impugned order dated 22.02.2010 may kindly be quashed and set aside. The writ petition may kindly be allowed with all consequential benefits. 2. That the petitioner may be declared entitled to be continuing in the services by way of providing him an additional chance to acquire the qualification of the typing test. 3. That it may kindly be declared the provision of the rule 9 of the rules 1996 bad, illegal and ultra vires to the mandate of constitution of India whereby the authority has given a power to terminate the services of an employee without having been initiate the departmental enquiry followed by disciplinary proceedings. 4. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(2.) Brief facts as noticed by this Court are that petitioner's father Shri Balu Lal died while in service on 31.01.2006, the petitioner sought compassionate appointment and was granted the same on 21.04.2006. The services of the petitioner have been terminated on 22.02.2010 for the reasons that he could not pass the type test within a period of 3 years.
(3.) Learned counsel for the parties agree that the matter is squarely covered by the judgment passed by this Court in Saurabh Mathur v. The State of Rajasthan and Ors. (S.B. Civil Writ Petition No.3270/2016), decided on 08.01.2018. The judgment reads as follows:- " 1. The petitioner by way of filing this petition is claiming the following reliefs:- "a) By an appropriate writ, order or direction, the termination order dated 05.2.2016 (Annex.10) passed by the respondent no.3 may kindly be declared illegal and the same may kindly be quashed and set aside. b) By an appropriate writ, order or direction, the respondents may kindly be directed to provide adequate opportunity to the petitioner to appear in typing test and to qualify the same. c) By an appropriate writ, order or direction, in alternate the respondents may kindly be directed to consider candidature of the petitioner for reappointment in any of the equivalent post in Class-III or Class-IV for which he is otherwise eligible with all consequential benefits including continuity of service. d) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. e) Writ petition filed by the petitioner may kindly be allowed with costs.";