Anil Kumar, J. - (1.) HEARD Sri Ramesh Kumar Srivastava, learned Counsel for petitioner, Sri K.K. Shukla, learned State Counsel and perused the record. By means of the present writ petition, the petitioner has challenged the order dated 5.3.2014 (Annexure No. 1) passed by Collector/District Magistrate, Faizabad thereby rejecting the case of the petitioner for regularization on the post of Collection Amin.
(2.) FACTS in brief of the present case are that the petitioner was initially appointed on the post of Seasonal Collection Amin on 1.1.1989 and posted in the said capacity in district Faizabad, thereafter he filed a Writ Petition No. 7580 (SS) of 2009 (Pankaj Srivastava v. State of U.P. and others), disposed of by order dated 4.10.2013 thereby directing the official respondent to consider the case of the petitioner on the post of Collection Amin. Order dated 4.10.2013, challenged by the official respondent by filing a Special Appeal No. 845 of 2010, disposed of by order dated 3.12.2013 with the following direction: - - "We make no observation in this regard since it would be open to the Selection Committee, upon remand, to re -consider the entire issue, namely, as to whether the respondent has rendered satisfactory service and' fulfilled the requirement of the norms of 70% recovery with reference to the work which was entrusted to him as prescribed in the explanation to Rule 5 of the Rules of 1974. The time for consideration of the claim of the respondent for regularization is extended by a further period of three months from today."
(3.) THEREAFTER , by order dated 5.3.2014 (Annexure No. 1) passed by Collector/District Magistrate, Faizabad rejecting the claim of the petitioner on the ground that in pursuance to the order dated 3.12.2013 passed by this Court in Special No. 845 of 2010, a Committed has constituted consisting of 4 members in order to consider the case of the petitioner for regularization on the post of Collection Amin and submitted a report dated 7.2.2014. Taking into to the said report as well as the provisions as provided under U.P. Collection Amin Services Rules, 2004, as the collection made by the petitioner in last four fasli years is less than 70%, so he is not entitled for regularization.;