Court No. - 36
Case :- WRIT - A No. - 20408 of 2019 Petitioner :- Vipul Kumar Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Namman Raj Vanshi Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
Present petition has been filed for writ of mandamus quashing the orders dated 21.06.2019 and 18.10.2018.
Learned counsel for the petitioner submitted that petitioner was selected under Uttar Pradesh Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 (hereinafter referred to as "Rules, 1974") for appointment as a Sub- Inspector on account of the fact that his father, late Surendra Nath Rai, a Sub-Inspector, died in harness. The petitioner was selected in a written examination held for the purposes, amongst other appointees for compassionate appointment and also passed his Physical Efficiency Test. Thereafter, he underwent two medical examinations; one on 08.02.2016 and other on 23.07.2018. In both the medical examinations, the petitioner was found to be fit by Board of doctors. The petitioner was sent for training which admittedly commenced on 17.09.2018 and ended on 18.10.2018 when the petitioner was sent to medical examination again, where it was found that his small finger of the left hand was truncated and the middle finger was fractured. He next submitted that once he has been medically examined twice and found fit, therefore, on the ground of 3rd medical examination, his appointment cannot be cancelled.
Counter affidavit filed by State with clear cut averments that as the petitioner is having physical disability i.e. small finger of the left hand was truncated and the middle finger was fractured. For field work in civil police, palm and all fingers of both hands are required to be used. Therefore, in light of Rule 9(b) of Rules, 1974, a candidate to be appointed should be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties.
Learned counsel for the petitioner could not dispute this fact that petitioner is having physical problem i.e. small finger of the left hand was truncated and the middle finger was fractured. He further submitted that petitioner is having right to get appointment under Rules, 1974 on the suitable post as per his qualification as well as eligibility of the post and in case, he is not found physically fit to be appointed on the post of Sub- Inspector in civil police for field work, he may be given appointment on the equivalent post i.e. Sub-Inspector of Police in ministerial category for office work.
I have considered the rival submissions made by the parties. As this fact is undisputed that petitioner is having problem in two fingers of left hand, therefore, direction cannot be issued to retain him in service on the post of Sub-Inspector for field work, but another argument of learned counsel for the petitioner is having substance. There is no doubt that he is having right to be appointed under Rules, 1974, therefore, without interfering in the impugned orders dated 21.06.2019 and 18.10.2018, respondent no. 2 is directed to consider the appointment of the petitioner on the post of Sub-Inspector in ministerial category or any other equivalent post verifying the qualification as well as eligibility attached with the post within six weeks from the date of production of computer generated copy of this order after verifying the same from the Official Website of Allahabad High Court.
With the aforesaid observation, writ petition is disposed of. Order Date :- 24.9.2021 Arvind