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Shailendra Tripathi v. State Of U.P. And Others - WRIT - A No. - 65083 of 2006 [2007] RD-AH 16764 (23 October 2007)

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Court No. 32

Civil Misc. Writ Petition No. 65083 of 2006

Shailendra Tripathi


State of U.P. & others

Hon'ble Sudhir Agarwal, J.

Heard learned counsel for the petitioner and learned standing counsel appearing for the respondents.

The grievance of the petitioner is that he was engaged as Seasonal Collection Amin in May' 1992 and continued till 2005. Under Rule 5 of U.P. Collection Amin's Service Rules, 1974 (hereinafter referred to as '1974 Rules') as amended vide gazette notification dated 29th March 1993 with effect from 23rd October 1992, there is 35% quota of Seasonal Collection Amins for appointment on regular basis on the post of Collection Amin.

It is submitted that a large number of vacancies in the quota of Seasonal Collection Amin under the Rules are lying vacant and despite the fact that steps for appointment have been initiated by the District Magistrate, as is evident from his orders dated 30th March 2005 (Annexure-5 to the writ petition) and dated 18th October 2006 (Annexure-11 to the writ petition) but till date no regular selection of Seasonal Collection Amins under the Rules has been made which has caused serious prejudice to the petitioner denying him right to be considered for regular appointment for the post of Collection Amin.

After hearing learned counsel for the petitioner and learned standing counsel, it is evident from the record that the District Magistrate has not taken any decision to keep any post or vacancy unfilled though such power is conferred upon him under Rule 4 of the 1974 Rules and on the contrary, from the two order dated 30th March 2005 and 18th October 2006 which have been passed by the District Magistrate, it is evident that there are vacancies in the quota of Seasonal Collection Amin, which are to be filled in on regular basis and the Collector has taken steps for filling the same on the regular basis but the process has not been completed though more than two years have passed since then. It is no doubt true that no person has a right of appointment on the promotional post, but he has a right of consideration for employment as and when the vacancy is available for appointment in accordance with law. It is not disputed that here are vacancies in the quota of Seasonal Collection Amin on the post of Collection Amin which are to be filled in on regular basis and the competent authority, i.e., Collector has also taken steps to fill in the same in accordance with law but without any justification or valid reason, at least none has been shown to the Court, the process has not been completed for the last more than two years which cannot be countenanced. Such a long delay in completion of regular process of recruitment can neither be sanctioned nor be allowed. No special reasons have been shows to justify such delay.

In the facts and circumstances, I dispose of this writ petition with direction to the Collector, Allahabad, respondent no. 2, to complete the entire process for making regular selection of Seasonal Collection Amin on the post of Collection Amin against prescribed quota, in accordance with 1974 Rules expeditiously but not beyond six months from the date of production of a certified copy of this order. No costs.

Dt. 23.10.2007



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