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Babu Ram v. State Of U.P. & Another - WRIT - A No. 49173 of 2002  RD-AH 11395 (13 July 2006)
HON. SHISHIR KUMAR, J.
By means of the present writ petition the petitioner has approached this Court for issuing a writ of mandamus directing the respondents to consider the candidature of the petitioner, to make appointment of the petitioner on the post of Assistant Wasil Baqui Navis according to the Government Order dated 22.8.2001, Annexure-18 to the writ petition.
The facts arising out of the present writ petition are that the petitioner belongs to Scheduled Caste community and is working from 4.7.1997 on the post of Seasonal Assistant Wasil Baqui Navis in Tehsil Bindki district Fatehpur. A Government Order dated 22.8.2001 was issued by the State Government providing 15% seats for Assistant Wasil Baqui Navis who are working on seasonal basis. It has been submitted on behalf of the petitioner that this is apparent from the G.O. dated 22.8.2001, Annexure-18 to the writ petition by which a direction has been issued that all the vacancies be filled up but for the post of Wasil Baqui Navis 15% vacancies may be kept vacant for consideration of the persons who are working on seasonal basis. The petitioner further submits that according to the seniority list, the petitioner is at serial no.1 of the list-dated 6.10.2002 but in spite of the aforesaid fact the petitioner has not been appointed and regularized on the said post. In para 4 of the writ petition a specific averment has been made that there are two posts vacant of Assistant Wasil Baqui Navis. The petitioner submits that in the counter affidavit also in para 6 the respondents have admitted that 15% posts of total vacancies of Group ''C' has not been filled and the same are vacant in pursuance of the G.O. dated 22.8.2001.
In such a situation the petitioner submits that he is entitled to be considered for regularization. It has further been submitted and brought to the knowledge of the Court that the petitioner has submitted various representations copies of those representations have been annexed with the supplementary affidavit.
I have heard the learned counsel for the petitioner and the Standing Counsel and have also perused the record. From the averment made in the writ petition as well as in the counter affidavit it is clear that there are two vacancies, which are still existed for consideration for seasonal employees working on the post of Wasil Baqui Navis. A factum to this effect has been admitted by the respondent that two posts are still vacant but the claim of the petitioner is not being considered in spite of the fact that the petitioner is at serial no.1 of the list published in the district.
In view of the aforesaid fact, the present writ petition is disposed of finally with direction to respondent no.2 to consider the claim of the petitioner on the basis of the averment made in the counter affidavit regarding admitting the vacancy position and in view of the Government Order. A proper order relating to the appointment and regularization of the petitioner be passed by respondent no.2 within a period of two months from the date of production of a certified copy of the order. While considering the claim of the petitioner respondent no.2 is directed to pass a detailed and reasoned order according to law taking into consideration the G.O. dated 22.8.2001.
With these observations the writ petition is disposed of.
W.P.No.49173 of 2002
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