- (1.) SUDHIR Narain, J. The petitioner claims that he is working as Seasonal Assistant Wasil Baqi Nawis since the year 1992 in Tahsil Perapur, district Kanpur Dehat. He seeks a writ of mandamus commanding the respondents to appoint him to the post of Permanent Assistant Wasil Baqi Nawis.
(2.) THE appointment to the post of Assistant Wasil Baqi Nawis is made to assist the Seasonal Collection Amin. THEy are appointed during the seasonal when the collection of Government dues are made. THE work of Seasonal Assistant Wasil Baqi is not of permanent nature. THEir appoint-menst are made due to exigencies of work. The petitioner is claiming that he should be regularised on the post of Asristant Wasil Baqi Nawis against the vacant existing post of Assistant Wasil Baqi Nawis. 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 regulatisation to the regular post on which other employees are working and performing the same duties all the year regularly. In Maharashtra State Co-operative Cotton Grower's' Marketing Federation Ltd. and another v. Maharashtra State Co-operative Cotton Growers' Marketing Federation Employee's Union and another, AIR 1994 SC 1046, the question was whether the Award dated 31-8-1984 of the Industrial Tribunal was applicable to the sessional 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 employee. 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 then 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 year, the Cotton Scheme has always to maintain a distinction between the perennial employees and seasonal 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 and the nature of the employment required under the Cotton Scheme which responsible ifor the impugned decisions of the Industrial Court and the High Court. "
(3.) IN Rajesh Kumar Khare and another v. 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 Assistant Wasil Baqi Nawis are normally attached to Seasonal Collection Amins, A Seasonal Assistant Wasil Baqi Nawis cannot claim a better right than a Seasonal Collection Amin.;