STATE OF U.P. AND ORS. Vs. DINESH CHANDRA PATHAK
LAWS(ALL)-2016-1-139
HIGH COURT OF ALLAHABAD
Decided on January 20,2016

State of U.P. and Ors. Appellant
VERSUS
Dinesh Chandra Pathak Respondents

JUDGEMENT

- (1.) The respondent filed a Writ petition on or about 08.01.2013 seeking the following reliefs: - "a) A writ, order or direction in the nature of MANDAMUS directing the opp. Parties to give the benefits of judgment and order dated 19.08.2006 passed by this Hon'ble court in writ petition No. 4031 (SS) of 2001 (Sri Pratap Narayan Pandey v/s. State of U.P. And others) to the petitioners, and also permit the petitioners to join their duties on the post of Collection Amin with immediate effect and give seniority and other consequential benefits to them from the date of their appointment i.e. in the year 1986. b) Any other suitable order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner. c) Allow the writ petition with cost in favour of the petitioner."
(2.) In the writ petition, the respondent -petitioner averred that an advertisement was issued in the year 1986 for appointment of regular Collection Amin. The respondent -petitioner also applied for consideration in pursuance thereof. A select list was prepared of 186 candidates wherein his name figured at sl. No. 104. The candidates joined in pursuance of appointment letters issued. However, they were not treated as a regular collection Amin but as Seasonal Collection Amin. The respondent -petitioner also worked as such w.e.f. 1986 till 1989 when the appellants started giving him artificial break in service and engaged him during the Fasli seasons for the purposes of recovery.
(3.) In paragraph 21 of the writ petition it was averred that the respondent -petitioner and others filed various writ petitions before this Court seeking a direction to the appellants -opposite parties to take work from them regularly and to regularize them on the post of Collection Amin and certain directions were issued from time to time in this regard, however, the details of such proceedings and the orders passed therein have not been disclosed nor annexed.;


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