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Ram Niwas Sharma v. State Of U.P. & Others - WRIT - A No. 16521 of 2007  RD-AH 5629 (29 March 2007)
Hon'ble Vineet Saran, J
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents no. 1 to 4. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.
A categorical statement has been made by Sri N.C. Tripathi, learned counsel for the petitioner that the petitioner is not claiming any relief vis-à-vis respondents no. 5, 6 and 7 nor would the petitioner claim himself to be senior to the said respondents, if regularized in terms of the orders passed by this Court. As such, this writ petition is being disposed of without issuing notice to the said respondents.
The petitioner claims that he has been working as Seasonal Collection Amin since 23.1.1992. He is claiming benefit of the U.P. Collection Amins Service Rules, 1974 which provide that 35% of the vacancies of Collection Amins are to be filled up by regularizing the Seasonal Collection Amins provided they are found eligible. The case of the petitioner is that the petitioner is duly qualified and eligible to be appointed as Collection Amin but his case has been ignored and persons junior to him have already been regularized on such posts. It has been submitted that there are still vacancies of Collection Amins which are to be filled up, as such, his case may be considered for regularization/appointment as Collection Amin.
Considering the facts and circumstances of this case and with consent of the learned counsel for the parties, this writ petition is finally disposed of with the direction that the case of the petitioner for regularization/appointment as Collection Amin in terms of the U.P. Collection Amins Service Rules, 1974 be considered, in accordance with law, expeditiously. In case if there are vacancies on the post of Collection Amins which are to be filled up from amongst 35% posts reserved for Collections Amins, the case of the petitioner shall be considered forthwith.
With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.
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