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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING MOCK TEST
created Jan 10th, 05:23 by 12345shiv
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Since the facts and question of law that arise for consideration in both the cases are common, they are taken up for consideration together. For the sake of convenience, the facts as narrated in W.P. No.3397 of 2005 are taken into consideration. The case of the petitioner is that he was initially appointed as Peon namely a Class-IV post with the respondent No.2. Thereafter, he was promoted on 01.02.2005 as Process Writer, which is also a Class-IV post. The respondents promoted him as Lower Division Clerk (LDC) on 30.01.1986. Thereafter, a Department Promotion Committee considered the case of the petitioner and recommended him for promotion as Upper Division Clerk (UDC). Thereafter, the respondent No.1 wrote a letter to the respondent No.2 directing him to take action against the employees who do not have the requisite educational qualifications to hold the post of Lower Division Clerk. The petitioner was served with a communication dated 10.02.2003 asking him to submit the documents with regard to his educational qualification. He submitted the same. It was found that he did not possess the requisite educational qualification to hold the post of Lower Division Clerk. The post of Lower Division Clerk called for a minimum qualification of Higher Secondary. The petitioner possessed the qualification of Matriculation. Therefore, the impugned order was passed reverting him to the Class-IV post. Hence, the instant petition is filed. We have considered the pleadings. It is narrated that the petitioner was promoted by the respondents themselves. It is they, who thought him to be fit enough to hold the post of Lower Division Clerk. He held the post until year 2002 namely from 1986 onwards. Thereafter, he was reverted to the post of Process Writer . He has not committed any fault. Therefore, the impugned order requires to be quashed by restoring his earlier position. The same is disputed by the respondents, who have filed their return. They contend that in order to hold the post of Lower Division Clerk, the minimum educational qualification is Higher Secondary, Admittedly, the minimum educational qualification is Higher Secondary. Admittedly, the petitioner holds only a qualification of Matriculation and, therefore,, he is not entitled to the same.
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