SHIV NATH RAM AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shiv Nath Ram And Others v. State Of U.P. And Others - WRIT - A No. 70558 of 2005 [2005] RD-AH 5815 (16 November 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Vikram Nath, J.

Petitioners are working as Seasonal Collection Peon in District Balia. According to the petitioner vacancies of 77 regular posts of collection Peons in district Balia in respect of which a chart has been filed as Annexure 6, which has been signed by the Additional Collector, Ballia giving details of the sanctioned posts, posts already fill up and the vacant posts. In this respect petitioner had made a representation dated 16.07.2005 to the Additional Collector, Balia. Earlier Writ Petition No. 11009 of 1989 was filed, which was disposed of vide order dated 19.03.1998 with a direction that  the respondent authorities may decide the claim of the petitioners association for regularization on the post of Collection Peon. Pursuant to the said order dated 19.03.1998 the Collector Ballia passed an order on 30.06.1999 (Annexure 5 to the writ petition), wherein it was provided that as on that date vacancies were not available, however as and when vacancies are available the claim will be considered under the 50% quota.

In view of the fact that as on 31.05.2005 vacancies are available and the petitioner has already made a representation, it is directed that the Collector Ballia shall take decision with regard to the regularization/ appointment of the petitioner on the post of regular collection peon subject to availability of vacancies, applicability of the sanctioned quota, and fulfilment of other conditions as provided under the relevant service rules and the Government Orders being by the petitioners within a period of 3 months from the date of production of certified copy of this order.

Petition is accordingly disposed off.

Dt. 16.11.2005/cmwp 70558-05

v.k.updh.(21).

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