- (1.) SUDHIR Narain, J. Petitioners Nos. 1 to 5 claim that they are working as Seasonal Collection Peons since the years 1981, 1988, 1982, 1986 and 1982 respectively in Thasil Bilhaur, district Kanpur Dehat. They seek a writ of mandamus commanding the respondents to appoint them to the post of perma nent Collection Peons.
(2.) THE Seasonal Collection Peons are normally attached with Seasonal Collection Amins for realisation of Government dues. THEy are normally appointed during the seasons when the collection of Government dues are made. THE work of Seasonal Collection Peon is not of permanent nature, THEir appointments are made due to exigencies of work The Petitioner is claiming that he should be regularised on the post of Collection Peon against the vacant post of Collection Peon. A distinction has been drawn between the employees who work regularly on a post and the employees who are appointed seasonally or for a fixed period in a year or in a month. Such Seasonal employees cannot claim a right of regularisation to the regular post on which other employees are working and performing the same duties all the years regularly. In Maharshtra State Co-operative Cotton Growers' Marketing Federation Ltd. and another v. Maharashtra State Co-operative Cotton Growers' Marketing Federation Employees' Union and another, AIR 1994 SC 1046, the question was whether the Award dated 31-8-1994 of the Industrial Tribunal was applicable to the seasonal employees. Their Lordships of the Supreme Court held that by the nature of employment, temporary seasonal employees can be made permanent only as a permanent seasonal employee and not as permanent perennial employees. The Court observed as under : "on the undisputed fact, that the procurement and processing opera tions under the Cotton Scheme do not last for more than 4 to 6 months and in any case not more than 8 months, to make the Seasonal employees permanent and give them all the benefits of the perennial employees would mean that they would get the salary and all other benefits throughout the year as the perennial employees do, without putting in work throughout the year as the latter have to do. On the admitted fact that there is a need of seasonal employees and there is no work available to be given to them for a part of the years, the Cotton Scheme has always to maintain a distinction between the perennial employees and reasonal employees and has to provide them with different service conditions though some of the service conditions may be common. It is the failure to understand the nature of the operations an the nature of the employment required under the Cotton Scheme which is responsible for the impugned decisions of the Industrial Court and the High Court. "
(3.) IN Rajesh Kumar Khare and another y. ]state of U. P. and others, 1993 (1) UPLBEC 729, where Seasonal Collection Amins claimed regularisation of their services, this Court took the view that their appointments are made for few months and they cannot claim regularisation. It was, however, directed that if any post of Collection Amin was vacant the cases of the petitioners may be considered for appointments in accordance with Rules. Seasonal Collection Peons are normally attached to Seasonal Collection Amins. A Seasonal Collection Peon cannot claim a better right than a Seasonal Collec tion Amin. The State Government has framed Rules for appointment of Collec tion Amins known as U. P. Collection Amins' Rules, 1974. The Rule was amended from time to time. The State Government issued Notification No. 2755 (l)x22-2/l/7197/-7 dated 23rd October, 1992 whereby certain amend ments in the Rules were made which is know as U. P. Collection Amint,' (Fifth Amendment) Rules, 1992. The amended Rule 5 provides the source of recruit-; is follows : (1) 15% of the vacancies are to be filled up by promotion of Collection Peons who were appointed on the substantive vacancies provided they have passed High School examination or examination equiva lent to it and secondly they had worked in the revenue department at least for six seasons. (2) 35% of the vacancies are to be filled up I by Seasonal Collection Amins by way of selection provided they had worked for four seasons satisfactorily and secondly their age does not exceed 45 years on the date of selection. (3) 50% of the vacancies to be filled up by direct recruitment after due selection;