Neutral Citation No. - 2025:AHC-LKO:27463 Court No. - 18 Case :- WRIT - A No. - 4006 of 2025 Petitioner :- Pradeep Kumar Respondent :- Director Training Division State Planning Institute Kalakankar House Lko. Counsel for Petitioner :- Brijesh Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the petitioner(s) and learned Standing Counsel who has accepted notice on behalf of respondents. 2.By means of this writ petition, the petitioner has prayed for issuance of a writ of certiorari quashing impugned order dated 7.4.2025 passed by the Director, Training Division, State Planning Institute, Kalakankar House, Lucknow, sole respondent. A further writ in the nature of mandamus has also been sought directing respondents to take work from the petitioner on the post of Junior Clerk with a further direction to the respondent to take fresh typing test from the petitioner. 3.Brief facts of the case are that the petitioner was appointed on compassionate ground on the post of Junior Assistant in the pay band of Rs.5200-20200 Grade Pay Rs.2000 with a stipulation that under the amended U.P. Dying in Harness Rules, 2014 as well as U.P. Government Department Clerk Grade Sewa Niyamawali, 2014, he will have to acquire 'CCC' certificate as also the yping speed of 25 words per minute and 30 words per minute in Hindi and English typing, respectively. 4.Learned standing counsel, on the basis of written instructions which are taken on record submit the petitioner has been given one opportunity of typing test on 7.2.2024, in which he could not succeed. He was again allowed to appear in Hindi typing test on 28.1.2025 and lastly on 25.2.2025 for English Typing test. In all the three tests, the petitioner could not get the required typing speed. 5.On the other hand, while assailing the impugned order, the petitioner's counsel has relied on a judgment of this Court dated 5.5.2023 passed in Writ A No.3316 of 2023 Smt. Rita Yadav versus State of U.P. and others wherein a coordinate Bench of this court while considering the period of service rendered by the petitioner of the said petition and the fact that the petitioner was holding a class-III post before the impugned order came to be passed has granted one more opportunity, exercising equity jurisdiction, to permit the petitioner to appear in the typing test. Relevant para 8 of the order is extracted below : "8.Considering the aforesaid, particularly the fact that the petitioner has worked for 7 years on Class III post before impugned order came to be passed on the ground that the petitioner does not have typing efficiency of 25 words per minutes, exercising equity jurisdiction, this Court directs opposite party No.2 to take a fresh typing test after a period of two months from today, and if the petitioner qualifies the typing test and it is found that the petitioner has typing proficiency of 25 words per minutes, she should be allowed to continue on the promotional post of Senior Assistant. If the petitioner fails despite the last opportunity, which is granted by this Court in exercise of equity jurisdiction, the petitioner shall continue on Class IV post on which she has already joined. 6.Having due regard to the judgment in Smt. Rita Yadav's case (supra) as also considering the fact that since 2022, the petitioner has been continuously working on a Class-III post prior to passing of the impugned order, it is provided that the respondent shall take a fresh typing test of the petitioner after a period of two months from today and if the petitioner qualifies the typing test, he shall be allowed to continue on Class-III post on which he was appointed. In case the petitioner fails despite this opportunity, he shall be allowed to join the Class-IV post, as directed by the impugned order. 7.The petition, subject to above direction, is disposed of. Order Date :- 9.5.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench