Sudhir Agarwal, J. - (1.) HEARD Sri S.K. Shukla, learned counsel for the petitioners at length and perused the record.
(2.) THE petitioners have sought a writ of mandamus commanding the respondents to make them permanent on the post of Lekhpal and consider for promotion to the higher post treating them validly appointed from the date of initial appointment. It is stated that the petitioners were appointed on various dates in the year 1978 on the post of Lekhpal and are continuing since then. It is also admitted in para 4 of the writ petition that the petitioners are untrained Lekhpal. Pursuant to the Board of Revenue's letter dated 29.3.2006 (Annexure-2 to the writ petition) the District Magistrates were under an obligation to provide appropriate training to such Lekhpals who have completed 10 years of service but are untrained. It also provided that after completion of three months' training such Lekhpals may also be regularised. It is said that the petitioners have been given such training and thus now they are entitled to be made permanent. It is also contended that there were two other persons similarly placed to the petitioners and they were transferred to Gyanpur. The Sub-Divisional Magistrate, Gyanpur in reference to Rule 4(1) of U.P. State Government Servants Confirmation Rules, 1991 (hereinafter referred to as the"1991 Rules") confirmed them vide order dated 13.9.2006 with effect from the date of their initial appointment and has also given the benefit of higher pay scale (stagnation pay scale etc.) pursuant to the Government Order dated 20.12.2000. The attention of this Court was drawn to the above orders passed by the Sub-Divisional Magistrate, Gyanpur (Annexures-7 and 8 to the writ petition). Learned counsel for the petitioners submits that the petitioners, therefore, are entitled for the same treatment since in view of letter of the Board of Revenue, they have already been given special training and consequently are entitled to be made permanent on the post of Lekhpal from the date of their initial appointment.
(3.) HAVING considered the submissions as also the relevant statues, however, I find no force in the submissions. It is not in dispute that recruitment to the post of Lekhpal is governed by Lekhpals Service Rules, 1958 (hereinafter referred to as the" 1958 Rules"). Rule 4 thereof provides for "cadre of service" and it says that the cadre of Lekhpal is districtwise. Rule 4 is reproduced as under : "4. Cadre.-(i) The strength of the service shall be such as may be determined by the Governor from time to time. (ii) The cadre of Lekhpals shall be district-wise and the district-wise allocation of strength will be made by the State Government. (iii) The Assistant Collector may leave unfilled, or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation. (iv) The Governor may create any additional, temporary or permanent post from time to time as may be found necessary." ;