- (1.) HEARD Mr.A.P.Singh, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has assailed the order dated 23.5.2013, passed by the Collector, Gonda, whereby the petitioner's representation for his regular appointment on the post of Collection Amin has been rejected, on the ground that the petitioner has not worked from 2000 to 2004 and 2007 to 2009. In 2005 he worked only for 61 days. In 2006 he worked only for 13 days.
(3.) EARLIER this court by means of order dated 16.1.2013, passed in writ petition No.2692 (SS) of 2010 issued direction to the Collector, Gonda to consider the petitioner's case for regular appointment on the post of Collection Amin under 35% quota on the basis of record of last four fasals as was available at the time of selection in the year 2009 and pass an appropriate order in accordance with law. The learned counsel for the petitioner submits that the District Magistrate, Gonda considered the petitioner's matter on the basis of seniority list prepared on 16.11.2009, which includes the name of Seasonal Collection Amins, worked till 31st of March, 1996. In the said seniority list the petitioner's name is at Sl.No.36 and his total percentage of recovery of last four fasals is shown as 60.19 percent, whereas another seniority list dated 7.11.2008 shows the percentage of petitioner's recovery as 122.2 per cent. In this list the percentage of recovery has been assessed for the fasals kharif 1404, Ravi 1405, Ravi 1412 and Ravi 1413. Whereas the percentage of recovery i.e. 60.19 percent was assessed for the period of 1401, 1402 and 1403 fasals. The learned counsel for the petitioner submits that on the date of consideration the petitioner's performance of recovery from 1404 fasals to 1413 fasals was also available but the respondents considered his recovery only for 1401 to 1403 fasals. It is further stated that the Rules provide to consider the latest performance of recovery. He further submits that undoubtedly the petitioner has crossed the age of 45 years, but it is not in dispute that he is working as Seasonal Collection Amin since 1992. Therefore, in such a situation the State Government is empowered to provide relaxation in age as he has crossed his age limit only during the period of discharge of his duty as a Seasonal Collection Amin.;