YASHWANT VARMA, J. - (1.) THIS petition lays challenge to an order dated 26th October, 2010 passed by the District Magistrate, Allahabad, respondent No. 2 herein, in terms of which the claim of the petitioner for absorption/appointment as a Collection Peon in accordance with the provisions of the U.P. Seasonal Collection Peons Service Rules, 2004, has been turned down. The impugned order records that the assistance percentage of the petitioner on an average in the last four fasalis was 53% and, therefore, he was not found fit for being considered for absorption/appointment in accordance with the provisions of the Rules aforementioned. It is aggrieved by the said order that the present writ petition came to be filed.
(2.) THIS petition was admitted for final disposal by order of this Court dated 1st August, 2013. Before proceeding to delve upon the rival contentions of the parties, it would be apposite to notice the following facts.
(3.) UNDER the provisions of U.P. Seasonal Collection Peons Service Rules, 2004, 50% of the vacant posts in the cadre of Collection Peons were earmarked to be filled from and by Seasonal Collection Peons. Rule 5, which is relevant for our purposes reads as under: "5. Source of recruitment. - Recruitment to the posts in the service shall be made from the following sources - - (i) Fifty per cent by direct recruitment through the Selection Committee. (ii) Fifty per cent posts shall be filled through the Selection Committee from amongst such Seasonal Collection Peons who have worked satisfactorily for at least Four Fasals and whose ag on the first day of Jyly of the year in which selection is made does not exceed 45 years: Provided that if suitable candidates are not available, the remaining vacancies shall be filled by direct recruitment under Clause (I). Explanation - Satisfactory work shall mean extending full co -operation in at least seventy per cent realisation as per prescribed standard fixed by the Government during the last four Fasals and good conduct throughout." Seeking their absorption/appointment as Collection Peons, it transpires that the petitioner and others approached this Court by preferring Writ Petition No. 51899 of 2004, Ram Surat And Others Vs. State of U.P. And Others, which came to be disposed of by this Court on 2.2.2009 commanding the respondents therein to expedite the preparation of the ''Seniority List' of the Seasonal Collection Peons and thereafter to proceed to consider the case of the petitioners in accordance with the provisions of the Rules, 2004 expeditiously and preferably within a period of six months thereof.;