# T.P. Jaiswal & another v. Mukhya Nagar Adhikari, Nagar Nigam, Allahabad & others

- **Citation:** (2004) 1 ILRA 230
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2004-01-27
- **Case number:** Civil Misc. Writ Petition No.35180 of 1997
- **Bench:** R.B. Misra
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/t-p-jaiswal-another-v-mukhya-nagar-adhikari-nagar-nigam-allahabad-others-40327
- **Pages:** 3

## Headnote

Service Law-Regularisation Appointment
as
Clerk
on
daily
wages-Achieved
proficiency of 25 W.P.M. in typing at that
stage-Selection
Committee
after
acknowledging. This fact recommended
for regularisation-appointed as clerkRegularisation also done-At later stage
condition of 25 w.p.m. in typing was not
necessary to be imposed afresh in
performance, experience, merits and
recommendation
of
Selection
Committee-Impugned order set asidePetitioners to be treated as regular
employees-Their termination on ground
of not achieving typing test of 25 w.p.m.
in Hindi and change in service condition,
held, illegal.

Held: Para 6

I have heard learned counsel for the
petitioner, I find that petitioners were
earlier appointed as daily wagers and
had achieved the proficiency of 25
w.p.m. at that stage and the selection
committee after acknowledging this fact
recommended the cases of petitioners
and
the
petitioners
were
given
appointment of as a clerk i.e. since they
were above Intermediate and were
having proficiency in 25 w.p.m. typing.
Keeping in view the recommendations of
the
selection
committee
they
were
regularised also. Now at later stage a
condition of 25 w.p.m. in typing was not
necessary to be imposed afresh in the
regularisation order as the regularisation
was only made keeping in view of the
performance experience merits and the
recommendation
of
the
selection
committee.
In
view
of
the
above
observations I find that the decision of
Ved Prak Sagar (supra) as referred by
respondents is not applicable in the
present facts and circumstance and in
view of the above observation the order
dated
7.10.1997
is
not
legally
sustainable, therefore, it is set aside and
the petitioner are to be treated as
regular employee and their termination
on the ground of not achieving the
typing test of 25 w.p.m. in Hindi on the
ground of change in service condition of
the petitioner is illegal not justifiable. In
view of the above the writ petition is
allowed. No order as to cost.

## Text

230 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
This writ petition accordingly fails
and is dismissed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 27.01.2004

BEFORE
THE HON'BLE R.B. MISRA, J.

Civil Misc. Writ Petition No.35180 of 1997

Tej Prakash Jaiswal and another

 ...Petitioners
Versus
Mukhya Nagar Adhikari, Nagar Nigam,
Allahabad and others
 ...Respondents

Counsel for the Petitioners:
Sri R.G. Padia
Sri Prakash Padia
Sri Shesh Kumar

Counsel for the Respondents:
Sri S.D. Kautilya
Sri Dinesh Dwivedi
S.C.

Service Law-Regularisation Appointment
as
Clerk
on
daily
wages-Achieved
proficiency of 25 W.P.M. in typing at that
stage-Selection
Committee
after
acknowledging. This fact recommended
for regularisation-appointed as clerkRegularisation also done-At later stage
condition of 25 w.p.m. in typing was not
necessary to be imposed afresh in
performance, experience, merits and
recommendation
of
Selection
Committee-Impugned order set asidePetitioners to be treated as regular
employees-Their termination on ground
of not achieving typing test of 25 w.p.m.
in Hindi and change in service condition,
held, illegal.

Held: Para 6

I have heard learned counsel for the
petitioner, I find that petitioners were
earlier appointed as daily wagers and
had achieved the proficiency of 25
w.p.m. at that stage and the selection
committee after acknowledging this fact
recommended the cases of petitioners
and
the
petitioners
were
given
appointment of as a clerk i.e. since they
were above Intermediate and were
having proficiency in 25 w.p.m. typing.
Keeping in view the recommendations of
the
selection
committee
they
were
regularised also. Now at later stage a
condition of 25 w.p.m. in typing was not
necessary to be imposed afresh in the
regularisation order as the regularisation
was only made keeping in view of the
performance experience merits and the
recommendation
of
the
selection
committee.
In
view
of
the
above
observations I find that the decision of
Ved Prak Sagar (supra) as referred by
respondents is not applicable in the
present facts and circumstance and in
view of the above observation the order
dated
7.10.1997
is
not
legally
sustainable, therefore, it is set aside and
the petitioner are to be treated as
regular employee and their termination
on the ground of not achieving the
typing test of 25 w.p.m. in Hindi on the
ground of change in service condition of
the petitioner is illegal not justifiable. In
view of the above the writ petition is
allowed. No order as to cost.

(Delivered by Hon'ble R.B. Misra, J.)

Heard Dr. R.G. Padia, learned Senior
Advocate for the petitioners and Sri S.D.
Kautilya,
learned
counsel
for
the
respondents.

1. In this petition prayer has been
made to quash the order dated 7.10.1997
(Annexure-8 to the writ petition) whereby
the services of the petitioners were
terminated as they could not achieve in
the prescribed proficiency Hindi Typing
test.
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1 All] T.P. Jaiswal & another V. Mukhya Nagar Adhikari, Nagar Nigam, Allahabad & others 231
2. The petitioner, petitioner no. 1
was B.Com. and petitioner no.2 was B.A.
and both were appointed as Daily wagers
in Nagar Nigam on 1.9.1988 and
28.9.1988 respectively as a clerk as a
daily wage employee and have rendered
service. The petitioners were required to
appear in Hindi Typing Test where
petitioner no.1 had 25 w.p.m. (words per
minute speed) and petitioner no.2 had 30
w.p.m.
as
acknowledged
by
the
respondent authorities therefore, on the
recommendation
of
the
selection
committee and on the basis of marks
achieved, they were declared successful.
The petitioners were regularised by an
order dated 20.3.1997 (Annexure-7 to the
writ petition). However, afresh condition
was imposed in this order dated 20.3.1997
whereby they were to be show their
performance
by
achieving
typing
parameter of 25 w.p.m. It appears that on
the basis of subsequent typing test the
petitioners could not achieve the required
target, therefore, the regularisation order
was cancelled and they were directed to
work as daily wagers .

3. According to the learned counsel
for
the
petitioners
in
their earlier
appointment as daily wager they had
already achieved the minimum typing
requirement and proficiency and since
their main work was not typing however,
the
selection
committee
had
acknowledged their proficiency in typing
and on its recommendation, their services
were regularised on their experience and
merits and after regularisation in view of
the fresh condition they are not supposed
to achieve again a prescribed condition
and the petitioners were regularised and
for not achieving certain standard in
typing test, the status of petitioners was
changed without any rhyme or reason
arbitrarily more so against the principle of
natural justice in view of the judgment
2002 (1) Selected Allahabad Cases -483
Smt.
Anju
Tiwari
vs.
District
Magistrate/Collector, Etawah. However,
according to the learned counsel for the
respondent the case of Smt. Anju Tiwari
is not applicable in the facts and
circumstances of present case as Smt.
Anju Tiwari was appointed on the
compassionate
ground
under
U.P.
Recruitment
of
Dependants
of
Government Servants (Dying in Harness)
Rules 1974 where imposition of fresh
condition for achieving by an executive
officer by subsequent order by the writ
petition was not held justified and the
action of the respondents was declare
illegal.

4. According to learned counsel for
the respondent Sri S.D. Kautilya the
relevant rules for recruitment to the post
of Clerk and in view of the order March 1,
1963 published in extraordinary Gazette
Government of Uttar Pradesh Nagar
Mahapalika
Services
(Designations,
Scales of pay, Qualification, Conveyance
Allowances and methods of Recruitment)
Order, 1963 the candidate for recruitment
as a clerk was required to possess High
School
certificate
or
equivalent
examination certificate and 25 w.p.m.
proficiency
in
Hindi
typing
and
knowledge of English Typing also as
additional
qualification
which
at
subsequent stage was enhanced and the
minimum requirement was Intermediate
with a minimum typing speed of 25
w.p.m. in Hindi. According to learned
counsel for the respondent the petitioners
might have been tested earlier and
achieved typing text more than 25 w.p.m.
in Hindi, however was not found to have
achieved the minimum requirement of 25
http://www.allahabadhighcourt.nic.in
232 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
w.p.m. at subsequent stage. For this
purpose
learned
counsel
for
the
respondent
has
relied
{(1994)
3
UPLBEC-1963 (Ved Prakash Sagar and
others Vs U.P. Financial Corporation and
another) } where the services of the writ
petitioners were terminated for not
achieving 40 w.p.m of typing as a
condition provided in the terms of
appointment embodied in pursuance to
the advertisement in recruitment as such
the termination of the writ petitioners
were found justifiable.

5. According to learned counsel for
the petitioner the decision of this court
(Single Judge) in Ved Prakash Sagar
(supra) was passed as the writ petitioners
were the typist, and their main work was
typing, and they were expected to
maintain certain standard of typing as an
essential condition required in service as
such verdict of Ved Prakash (supra) is not
referable and applicable in the present
case as writ petitioner was appointed as
clerk whose main work was not of typist
only and the proficiency in typing is
additional need.

6. I have heard learned counsel for
the petitioner, I find that petitioners were
earlier appointed as daily wagers and had
achieved the proficiency of 25 w.p.m. at
that stage and the selection committee
after
acknowledging
this
fact
recommended the cases of petitioners and
the petitioners were given appointment of
as a clerk i.e. since they were above
Intermediate and were having proficiency
in 25 w.p.m. typing. Keeping in view the
recommendations
of
the
selection
committee they were regularised also.
Now at later stage a condition of 25
w.p.m. in typing was not necessary to be
imposed afresh in the regularisation order
as the regularisation was only made
keeping in view of the performance
experience
merits
and
the
recommendation
of
the
selection
committee.
In
view
of
the
above
observations I find that the decision of
Ved Prak Sagar (supra) as referred by
respondents is not applicable in the
present facts and circumstance and in
view of the above observation the order
dated 7.10.1997 is not legally sustainable,
therefore, it is set aside and the petitioner
are to be treated as regular employee and
their termination on the ground of not
achieving the typing test of 25 w.p.m. in
Hindi on the ground of change in service
condition of the petitioner is illegal not
justifiable. In view of the above the writ
petition is allowed. No order as to cost.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 12.01.2004

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE MRS. P. SRIVASTAVA, J.

Civil Misc. Application/Petition No. 844 of 2004

Chandra Prakash Ojha
...Petitioner
Versus
The District Judge, Bareilly and others

 ...Respondents

Counsel for the Petitioner:
Sri Pranav Ojha

Counsel for the Respondents:
S.C.

Code of Civil Procedure, 1908-O. 17 R.1Adjournment-not more than three to be
granted in a suit Adjournment of a case
can not be claimed as a matter of right.

Held: Para 5
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