Dilip Gupta, J. - (1.) THE Petitioner, who is working as a Seasonal Collection Peon in district Jaunpur since 1999, has filed this petition for quashing the order dated 20th July, 2009 passed by the District Magistrate, Jaunpur rejecting the claim of the Petitioner for appointment as a Collection Peon in accordance with the provisions of U.P. Collection Peon Service Rules, 2004 (hereinafter referred to as the 'Rules').
(2.) IT is submitted by Sri R.C. Tiwari, learned Counsel for the Petitioner that the only reason assigned for not regularizing the services of the Petitioner as Collection Peon is that the in the last four 'Fasli' years the recovery was less than 70% but under the Rules what is provided is that if a Seasonal Collection Peon has satisfactorily work for at least 'Four Fasals' and is not above 45 years, then he can be considered for selection as a Collection Peon. It is, therefore, his contention that his claim should have been considered. In the counter affidavit filed by the State all that has been stated is that the recovery in the last 'Four Fasli' years was less than 70% and, therefore, the Petitioner was not considered for the post of Collection Peon.
(3.) IN order to appreciate the contentions advanced by learned Counsel for the parties, it would be relevant to refer to Rule 5 of the Rules, which is as follows:;