P. N. NAG ( 1 ) ( 2 ) THE grievance of the petitioner is that she has not been consiered for the post L. D. C.-cum-Typist and given a typewriting test and regularised against the said post. ( 3 ) THE relevant facts set out In the petition are that the petitioner was appointed with the respondent No. l as Hindi Typist with effect from 17. 10. 1989 for a period upto 31. 3. 1990 in the pay scale of Rs. 950. 00-1500. 00 on a purely temporary and ad hoc basis, vide office order dated 25. 10. 1989 - Annexure P-5. In the original letter dated 13. 10. 1989, Annexure P-4, the petitioner was required to pass Hindi Typing examination at the prescribed speed. According to the petitioner, although she was appointed as Hindi Typist, to begin with, but later on she was adjusted against the post of L. D. C.-cum-Typist and ultimately vide letter dated 9th December 1991. Annexure P-14, her services were extendedupto31. 12. 1991 or until such time as the post is filled up whichever is earlier. The services of the petitioner were dispensed with after 31. 12. 1991. ( 4 ) IN the counter affidavit, the stand taken by the respondents No. 1 and 2 is that the petitioner was employed against the leave vacancy of Hindi Typist as the regular Hindi Typist continued to be on leave. It was decided by the respondents to continue the petitioner on purely ad hoc basis as a Hindi Typist for a period of about 9 months, i. e. . upto 31. 6. 1990. On 15. 5. 1991 the regular Hindi Typist joined duty and the services of the petitioner were no longer required. However, to avoid termination, the Appointing Authority decided to utilise her services to the post of L. D. C. against one of the vacancies of L. D. Cs. after the age of superannuation till the vacancy was filled up on regular basis by departmental promotion. It has been pointed out that there were two vacancies of L. D. C.-cum-Typist - one on regular basis and one on ad hoc basis. Regular vacancy is reserved for an S. C. candidate against the departmental quota. On 20. 9. 1991 another type test in English was conducted on her in which she failed and her speed was 4 words per minute.
Regular vacancy is reserved for an S. C. candidate against the departmental quota. On 20. 9. 1991 another type test in English was conducted on her in which she failed and her speed was 4 words per minute. The vacancies of L. D. C.-cum-Typlst were filled by promotion of two peons after they passed the type test conducted on them. ( 5 ) IT may be noticed that no rejoinder to the counter affidavit has been filed and. therefore, the averments made by the respondents in the counter affidavit are presumed to be correct. ( 6 ) AS is apparent from the stand taken by the respondent that the petitioner was given typewriting test and her speed was found to be 4 words per minute and she could not qualify in the said typewriting test, the vacancies of L. D. Cs.-cum-Typlst were filled up by promotion of two peons after they passed the test condaeted on them. In these circumstances the grievance of the petitioner is wholly unjustified in law. ( 7 ) MR. Saini next contended that the post of L. D. C.-cum-Typist has still not been fill up and he has pointed out a letter dated 22. 10. 1991, Annexure P-15. According to this letter, Annexure P-15. the respondents have to fill up two vacancies of L. D. Cs.-cum-Typist - one on regular and one on ad hoc basis - on promotion and the typewriting test was scheduled to be held on 14. 11. 1981 at 3. 00 P. M. and Class IV employees were directed to appear In the said test at the appointed time. ( 8 ) MS. Salwan, learned counsel for the respondents, has stated that she has no notice of the letter dated 22. 10. 1991, Annexure P-15, as the same was not filed along with the writ petition nor did it find any mention in the writ petition. However, according to the counter affidavit filed on behalf of the respondents, which stands uncontroverted as no rejoinder thereto has been filed, the posts have been filled up and the petitioner has miserably failed in the typewriting test. In these circumstances, this document, Annexure P-15, cannot be taken into consideration. Moreover, by this document. Class IV employees were directed to appear in the typewriting test at the appointed time and the petitioner did not belong to that category.
In these circumstances, this document, Annexure P-15, cannot be taken into consideration. Moreover, by this document. Class IV employees were directed to appear in the typewriting test at the appointed time and the petitioner did not belong to that category. ( 9 ) AT any rate, in order to succeed, the petitioner must demonstrate that under the Rules or Administrative Instructions she has a right to appear in typewriting test every time whenever it is conducted by the respondents and particularly when the petitioner has already failed miserably. ( 10 ) IN these circumstances, the petition is dismissed. In the facts and circumstances of this case. However, there will be no order as to costs.