- (1.) The petitioner is a Seasonal Collection Amin in Tehsil Karhal District Mainpuri. He claims that initially he was engaged in the year 1994. He has brought on the record the District Level Seniority List of Seasonal Collection Amin, wherein the name of the petitioner figures at serial no.73. The petitioner has preferred this writ petition for the following relief:- "to issue a writ, or direction in the nature of mandamus directing the respondent District Magistrate/Collector, Mainpuri to grant regular appointment as Collection Amin under 35% quota of Seasonal Amin."
(2.) It is contended on behalf of the petitioner that he fulfills all the conditions for appointment in terms of rule 5 of U.P. Collection Amin Service Rule 1974 (for short Rules, 1974) wherein 35% post of the regular collection Amin is reserved for the appointment of the Seasonal Collection Amin subject to the condition mentioned therein. It is stated that the collection of the petitioner is 215% in the last four years. Learned counsel for the petitioner has drawn the attention to an order dated 03.09.2015 passed by this Court in the case of (Virendra Singh V. State of U.P. and another) Writ-A No.49937 of 2015 in a similar facts. The order is quoted hereinabove. "The petitioner is a Seasonal Collection Amin. He claims that initially he was engaged in the year 1990. He has brought on the record the District Level Seniority List of Seasonal Collection Amin, wherein the name of the petitioner figures at serial no. 100. The grievance of the petitioner is that one of his junior namely Dhirendra Tomar who is much junior to him and his name figures at serial no. 105 in the Seniority List has been regularized. Thus the action of the respondents are arbitrary. It is further contended that Rule 5 of the U.P. Collection Amin Service Rules, 1974 (for short Rules,1974), requires that 35% post of regular Collection Amin shall be filled up by the Seasonal Collection Amin subject to the condition mentioned therein. It is stated that petitioner fulfills all the conditions for appointment in terms of the Rule 5 of the Rules, 1974 in as much as his collection is 227% in the last four years. It is stated that at present 5 posts under 35% quota are lying vacant in the district. From the record it transpires that for redressal of his grievance the petitioner has made a representation dated 30.6.2015 to the appropriate authority. Taking into consideration the facts and circumstances of the case I am of the view that no useful purpose would be served by calling response from the respondents. Accordingly, to meet the end of justice a direction is issued upon the District Magistrate, the respondent no. 2, to consider the grievance of the petitioner and pass appropriate order expeditiously preferably within a period of four months from the date of communication of this order in accordance with law. With the aforesaid observations and order, writ petition is finally disposed of. No order as to costs."
(3.) It is stated by the learned counsel for the petitioner that 31 posts of the Collection Amin are lying vacant under 35% quota in district Mainpuri. It is also stated that one of his junior namely Dhirendra Tomar who is much junior to him and his name figures at serial no.105 in the seniority list has been regularized.;