KULDEEP KUMAR v. U.P. STATE WAREHOUSING CORP. THRU. MANAGING DIRECTOR AND 2 OTHERS
WRIA/3094/2025 · 2025-03-21
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129396 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129396 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16553 Court No. - 18 Case :- WRIT - A No. - 3094 of 2025 Petitioner :- Kuldeep Kumar Respondent :- U.P. State Warehousing Corp. Thru. Managing Director And 2 Others Counsel for Petitioner :- Deepak Singh,Apporv Pal,Rajdeep Gupta Counsel for Respondent :- Rakesh Kumar Chaudhary,Anuuj Taandon Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and Shri Annuj Tandon, learned counsel for the respondents. By this petition, the petitioner has prayed for the following relief:- It is most respectfully prayed that this Hon'ble court may kindly be pleased to a issue any writ order or direction in the nature of certiorari thereby quashing the impugned order dated 12.04.2019 passed by Opposite Party No. 3 as well as the punishment order dated 20.03.2018 alongwith order dated 21.08.2018 passed by Opposite Party No. 2 as contained in Annexure No. 1, 3 and 5 respectively.
Learned counsel for the respondents submits that the petitioner was initially appointed to a Class-III post on 23.07.2014. The petitioner failed in the typing test conducted on 22.06.2015. Subsequently, he did not participate in the typing tests held on 17.08.2016 and 13.04.2017. After six months, another typing test was conducted on 16.10.2017, in which he again failed. Later, he was given a final opportunity to appear for the typing test on 26.02.2018, but he failed once more. As a result, his services were terminated vide order dated 20.03.2018, which has not been challenged in this petition. Thereafter, the Executive Committee of the Warehousing Corporation decided to grant him one more opportunity and consequently, a typing
test was conducted on 03.07.2018, wherein his typing speed was found as zero.
Learned counsel for the respondents further submits that the petitioner was given ample opportunities to clear the typing test, however, he failed. In the last test, he obtained a typing speed of zero and hence, he was not eligible for appointment to a Grade- C post. Moreover, an earlier writ petition (No. 9257/2019) filed by the petitioner, on the same issue, was dismissed as withdrawn.
Learned counsel for the petitioner argues that if he was not eligible for appointment to a Grade-'C' post, he should have been considered for a Class-IV post on compassionate grounds and for that purpose he is willing to submit a fresh representation to the concerned authorities, although he has already made such a representation to the department. In response, learned counsel for the respondents states that if the petitioner submits a fresh representation for appointment to a Class-IV post, it will be considered and decided in accordance with the law. Considering the above, and with the consent of both the parties, the petition is disposed of with liberty to the petitioner to submit a fresh representation to opposite party no. 3. If such a representation is submitted within two weeks, opposite party no. 3 shall consider and decide it within a further period of four weeks by passing a reasoned and speaking order.
Order Date :- 21.3.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench