MUL CHAND YADAV versus STATE OF U.P. THRU' FINANCE/REVENUE SECRETARY, U.P. AND ORS.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mul Chand Yadav v. State Of U.P. Thru' Finance/Revenue Secretary, U.P. And Ors. - WRIT - A No. 3635 of 2006 [2006] RD-AH 1431 (19 January 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. ARUN TANDON, J.

Heard Shri S.S.P.Gupta Advocate on behalf of the petitioner, Standing Counsel on behalf of respondent.

Petitioner claims to have been appointed as Seasonal Collection Amin for the first time in the year 1990.  It is further contended that he has been functioning as Seasonal Collection Amin since then in every season regularly.  The petitioner, therefore, claims regularisation on the post of Collection Amin within the quota reserved for the said purpose under the U.P. Collection Amin Services Rules, 1974 as amended in the year 1992.  In that regard the petitioner has already made a detail representation before the Collector, Azamgarh.  The representation so made by the petitioner has yet not been decided.   It is also alleged that contrary to the seniority prepared in respect of the Seasonal Collection Amins, the respondent no. 2 and 3 are adopting a policy of pick and chose for offering seasonal appointment.

In the opinion of the Court, the practice adopted by the respondents is legally not sustainable.  However, at this stage, petitioner is directed to bring the aforesaid facts to the knowledge of the District Magistrate by means of a representation within 10 days from today.

On such representation being made, the District Magistrate, Azamgarh, shall consider and decide the claim of the petitioner for seasonal employment in accordance with his seniority and shall further consider his claim for regularization  in accordance with the rules, referred to above, preferably within four weeks from the date the representation is so filed along with certified copy of this order.  Writ petition is disposed of.

Dated: 19.1.2006

V.R./3635/06

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