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1994 (2) TMI 270

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..... typing test either in Hindi or English at the speed of 15/30 words per minute is necessary. For a Clerk, typing generally is not a must.Thus the respondent Board directed to relax his passing of typing test and to appoint him as an LDC protecting his scale of pay of Rs 1400-2300 and direct to pay all the arrears of salary. - - - - - Dated:- 4-2-1994 - RAMASWAMY K. AND HANSARIA B.L. JJ. ORDER 1. Special leave granted. 2. The appellant while working as a Sub-Station Attendant in the pay scale of Rs 1400-2300, unfortunately had to be operated on February 13, 1984 for Chondrosarcoma and ever since he was treated in Tata Memorial Hospital, Bombay up to March 18, 1985 and thereafter he was discharged and his right arm was completely .....

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..... the trolley let alone take it in position. He also failed to raise it and had a great difficulty in lowering it. He was then taken to switch yard and was asked to operate the Isolator which he could not perform efficiently. The Medical Board feels that such handling of equipment can be risky not only to the installations but even to the person himself and as such the appellant cannot perform the duties of Sub-Station Attendant." 4. The Medical Board also attempted to find whether he can be posted as Sub-Station A.F.M., Foreman, Grade III, Chargeman, Rigger, Crane Driver, Welder, etc. It recommended that the duties to those posts are similar to the Sub-Station Attendant. Under these circumstances, the Medical Board felt that the appel .....

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..... sted by the Medical Board. Though, Shri M.C. Bhandare, learned counsel for the appellant has attempted to argue for directing the respondents to appoint the appellant as UDC which carry equal pay scale, we think that we cannot give such directions. The reasons are that there are two channels of appointment to the post of UDC. One is promotion and another is direct recruitment in the ratio prescribed at 75% and 25%. For a direct recruit, graduation or post-graduation or law graduation is the minimum educational qualification required apart from other requirements mentioned therein. Admittedly, the appellant is not possessed of the qualifications. He is only matriculate. As a result we cannot give any direction to appoint him as UDC. 7. Ar .....

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