- (1.) Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.
(2.) The present petition is of the year 2005 with the prayer to issue writ of certiorari quashing the orders dated 13.01.1998 and 04.08.2000 passed by the District Magistrate, Mau, the respondent No.3 and the Commissioner, respondent No.2, Annexure No. 1 and 4 respectively. He further prays to issue mandamus commanding the respondent No.3 to adjust the petitioner on the post of Collection Amin and regularise his services on the said post.
(3.) Learned counsel for the petitioner submitted that the petitioner was appointed and working as Collection Amin in place of one Sri Toofani Ram, who was under suspension from 31.3.1995 to 24.10.1997. Even after that he continues in service at Tahsil Mohammadabad Gohna, District Mau. He was working more than four Fasli years but after the order of suspension of Sri Toofani Ram was recalled, Sri Toofani Ram joined his services and the petitioner was relieved on 24.10.1997. Since a post of Collection Amin was vacant due to promotion of one Sri Hari Ram, the Process Server, hence the application was moved for again appointing on the post of Collection Amin, which was vacant. Thereafter writ petition No. 39181 of 1997 was filed, which was disposed of with the direction to District Magistrate Mau to consider the claim of petitioner by passing appropriate order within two months. Thereafter, claim of petitioner was rejected by District Magistrate by impugned order dated 13.01.1998, against which appeal was preferred before Commissioner, which was dismissed on 04.08.2000.;