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Shambhu Nath Srivastava And Others v. State Of U.P. And Others - WRIT - A No. 41160 of 2005 [2005] RD-AH 6444 (25 November 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


                                                                                                          Court no. 7

        Civil Misc. Writ Petition No. 41160 of 2005

Shambhu Nath Srivastava and others   Vs.         State of U.P. and others

                                 connected with

        Civil Misc. Writ Petition No. 26282 of 2003

Jamal Ahmad and others    Vs.         State of U.P. and others

Hon'ble Rakesh Tiwari,J.

Heard Sri V.K. Srivastava, counsel for the petitioners, Sri S.C. Dwivedi, counsel appearing for the respondents as well as the standing counsel appearing on behalf of the State.

The petitioners are working as Tax Collector on temporary basis in Zila Panchayat, Kaushambi. They claim adjustment against existing vacancies of Tax Collector.

It is submitted by the counsel for the petitioners that the matter of adjustment of the petitioners in  service which is subject matter of W.P. No. 26282 of 2003 is also pending with the Commissioner, Allahabad Division, Allahahabad since 5.7.2000.

It appears that the respondents Zila Panchayat had published an advertisement on 19.11.2004 inviting applications for certain posts including that of Tax Collector and the State of U.P. had also issued a letter dated 17.3.2005 requiring all the Chairmans/Upper Mukhya Adhikaris of Zila Panchayat to furnish details of surplus staffs on the proforma prescribed therein. In response to letter dated 17.3.2005 Upper Mukhya Adhikari,Zila Panchayat, Kaushambi, respondent no. 3  sent the list of surplus staff including the names of the petitioners to the Joint Secretary, Panchayat Raj Anubhag Section-2, U.P. Shashan, Lucknow vide letter no. 927/2005 dated 21st April, 2005.

It is alleged that the respondents had made appointments on the post of Tax Collector, Clerk and Revenue Inspector vide notice published in ''Dainik Jagran' in 2005 without considering the names of the petitioners. It is further alleged that again advertisement has been published in Newspaper ''Dainik Jagran' and ''United Bharat' on 26.4.2005 inviting applications for appointment on the post of Stenographers and Tax Collectors.

The sole grievance of the petitioners is that on one hand the case of the petitioners for adjustment in service against vacant posts have not been considered by the Commissioner, Allahabad Division, Allahabad and on the other hand the vacancies of the post of Tax Collector are being filled up by direct recruitment.

The only prayer of the counsel for the petitioners at this stage is that a direction may be issued to the Commissioner, Allahabad Division, Allahabad to decide the matter of adjustment of the petitioners pending before him within a time frame fixed by this Court.

The Standing counsel has no objection to this prayer.

In the circumstances, the writ petitions are disposed of finally with a direction to Commissioner, Allahabad Division, Allahabad to decide the matter of adjustment of the petitioners within a period of six weeks from the date of submission of a certified copy of this order.

No order as to cost.

Dated 25.11.2005



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