- (1.) Heard Sri Siddharth Khare, learned counsel appearing for petitioners and learned Standing Counsel appearing for respondents. Pleadings have been exchanged and with consent of learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.
(2.) Petitioners, who are working as Seasonal Collection Amin, have come up challenging the order dated 29.5.2014 whereby their claim for promotion to the post of Collection Amin has been rejected.
(3.) Earlier when their claim for regularization under Rule 5 of the U.P. Collection Amin Service Rules, 1974 was not considered, the petitioners alongwith other persons filed Writ A No. 48283 of 2002 wherein interim order was granted in favour of the petitioners and ultimately the writ petition was disposed of vide order dated 31.3.2014 directing the District Magistrate, Mainpuri to consider the case of the petitioners for regularization in terms of Rules of 1974. Now, by the impugned order dated 29.5.2014 the claim of the petitioner no. 1 Ram Lakhan Pandey has been rejected. The facts mentioned in the impugned order regarding petitioner no. 1 are that petitioner no. 1 stands at Serial no. 17 in the seniority list and his date of birth is 20.1.1958 and on the basis of the same he has crossed 45 years of age on 1.1.2014. His percentage of recovery is 148% but his name stands at serial no. 35 in the order of percentage of recovery and therefore, he cannot be considered for regularization. Regarding petitioner no. 2 Rajesh Chauhan it has been mentioned that his name stands at serial no. 02/32 in the seniority list of Seasonal Collection Amin and his date of birth is 1.10.1955. He has also crossed 45 years of age on 1.1.2014. His percentage of recovery is 119% and his name stands at serial no. 49 in the order of percentage of recovery and therefore, he is also not eligible for regularization.;