- (1.) SUDHIR Narain, J. The petitioner claims that he is working as Collection Peon since 1-6-1976 in Tahsil Sadar, district Varanasi. He seeks a writ of mandamus commanding the respondents to promote him to the post of Collec tion Amin.
(2.) THE appointment to the post of Collection Amin is governed by U. P. Collection Amin's Rules, 1974. Rule 5 provides the source of recruitment. 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 amendments in the Rules were made which is known as Uttar Pradesh Collection Amins (Fifth Amendment) Rules, 1992. THE amended Rule 5 provides the source of recruitment as follows : (1) 15% of the vacancies are to be filled up by promotion of Collec tion Peons who were appointed on the substantive vacancies provided they have passed High School examination or examina tion equivalent 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 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. Seasional Collection Amins, who had worked for minimum four seasons satisfactorily, are entitled to appear for selection. Rule 17-A provides that the Collector shall prepare a list of the Seasonal Collection Amins who had worked satisfactorily for at least four seasons. The list shall be prepared according to seniority. There is an explanation added to ft that the work shall be treated as satisfactory if the collection is not less than 70% of the target fixed. The procedure for selection has been provided under Rule 18. A Seasonal Collection Amin can claim right to be appointed to the post of Collection Amin in accordance with U. P. Collection Amins Rules, 1974 as amended from time to time.
(3.) IT is to be ascertained by the Collector of the District as to whether the petitioner is entitled to selection. In case the petitioner is selected, he shall be appointed to the post of Collection Amin. The petitioner can make representation to the Collector alongwith a certified copy of this order and a true copy of the writ petition. On such representation being made the Collector shall dispose of the same in accord ance with law by a speaking order within two months from the date of making representation as stated above.;