- (1.) Heard Sri Nisheeth Yadav, learned counsel for the petitioner and learned Standing Counsel for the respondents-State.
(2.) By means of the present writ petition, the petitioner has prayed for quashing the Government Order dated 15.03.2012 passed by the Principal Secretary, Department of Karmik, Government of U.P., Lucknow and Government Order dated 24.09.2012 passed by Under Secretary, Department of Revenue, U.P. Lucknow and impugned order dated 30.07.2014 passed by the District Magistrate, Allahabad and further prayed for direction in the nature of mandamus directing the District Magistrate, Allahabad to initiate the process of regularization in consonance with the provisions of the Uttar Pradesh Collection Peons' Service Rules 2004.
(3.) Brief facts of the case in hand are that the petitioner is working on the post of Collection Peon since 25.05.2000 in the office of District Magistrate, Allahabad without any break in service. The services of the petitioner is being regulated by legislative enactment known as "The Uttar Pradesh Collection Peon's Service Rules, 2004" (hereinafter referred to as 'Rules 2004') Subsequently, the aforesaid Rules of 2004 has been amended by Gazettee Notification dated 23.12.2011 having nomenclature as The Uttar Pradesh Collection Peon's Service (First Amendment), Rules, 2011. Rule 5 (ii) of the Rules of 2004 provides in respect to recruitment with reservation of 50% which has to be filled up through the selection committee amongst such seasonal collection peons who have worked satisfactorily for at least four fasals and whose age on the first day of July of the year in which selection is made does not exceed 45 years. Prior to 2009 numerous vacancies for the post of collection peon had been filled up by granting benefit of Rule 5 (ii) of the Rules of 2004. But for the reasons best known to the Government the said exercise was not done for considerable long time. Thereafter the Joint Secretary, Government of U.P. wrote a D.O. letter dated 15.07.2009 (annexure No. 3 to the writ petition) to all the Commissioners of the zone alongwith District Magistrate to fill up the post under the Rules 2004. In pursuance of the Government Order dated 15.07.2009 the Commissioner cum Secretary of Board of Revenue, U.P. Lucknow issued a circular dated 17.07.2009 (annexure No. 5 to the writ petition) to all the District Magistrates of the State of Uttar Pradesh to fill up the post of collection amin alongwith collection peon from the seasonal collection amin who are working for numerous years and are fulfilling the requisite qualification given under the service rules. Rule 13, 14 and 15 of the Rules 2004 provides a procedure in respect to appointment on the post of regular collection peon either by way of direct recruitment or by way of regularization from the seasonal collection peon. In pursuance to the aforesaid provisions a Circular dated 05.02.2010 (annexure No. 6 to the writ petition) was issued by the Joint Secretary, Government of U.P., addressing to all the concerned Commissioner of the zones alongwith District Magistrates to prepare a seniority list and to frame a selection committee for proper implementation of the provisions of Rules 2004 in toto. In compliance of the directives of the State Government alongwith the Commissioner cum Secretary, Board of Revenue, U.P. Lucknow a letter was issued on 17.10.2011 by the Additional District Magistrate (F/R), Allahabad addressing to all the concerned Sub Divisional Magistrates alongwith Tehsildars to prepare the seniority list of the seasonal collection peons working in the concerned Tehsils. In pursuance to the direction of Additional District Magistrate (Revenue) a final seniority list of all together 241 seasonal collection amin was prepared which was cross signed by all the concerned officials, wherein the petitioner was placed at serial No. 63. A copy of the seniority list of 241 seasonal collection amins has been brought on record as annexure No. 8 to the writ petition. One Gyan Singh has sought certain information under RTI Act whereby the Information Officer has stated that in District Allahabad there are 228 sanctioned posts of collection peons and out of which only 101 posts were filled up and rest 127 posts are still vacant. Under 50% quota reserved for the seasonal collection peons 114 post are liable to be filled up by way of regularization granting the benefit of Rules 2004 and amended provisions. Subsequently, on 28.04.2011 and 13.05.2011 the letter were sent by the Commissioner cum Secretary, Board of Revenue, U.P. Lucknow alongwith the Commissioner, Allahabad Zone, Allahabad to all District Magistrates of Uttar Pradesh in respect to appointment on the post of Collection Peon from 50% quota of the seasonal collection peon for which the seniority was already prepared and the selection committee under Rule 14 of the Rules 2004 was also formulated by the District Magistrate. The Principal Secretary, Department of Karmik, Govt. of U.P. Lucknow has wrote a letter dated 15.03.2012 (annexure No. 11 to the writ petition) to all the Principal Secretaries of different departments in respect to ban on the appointments with regard to lower subordinate service. Thereafter, the Under Secretary, Department of Revenue, U.P. Lucknow again wrote a letter dated 24.09.2012 whereby it has been directed to the Commissioner cum Secretary, Board of Revenue, U.P. Lucknow that except certain appointments no other appointments is to be made in pursuance of the Government Order dated 15.03.2012. But later on the said ban was withdrawn on 26.02.2014 in respect to regularization on the post of collection amin. Consequently, the petitioner had filed Civil Misc. Writ Petition No. 29534 of 2014 (Ram Chandra Kori Vs. State of U.P. and 3 others) asking the regularization and this Court vide order dated 27.05.2014 had directed the District Magistrate, Allahabad to decide the representation filed on behalf of the petitioner. In compliance of the order passed by this Court, the respondents vide order dated 30.07.2014 had rejected the claim of the petitioner and as such the petitioner is before this Court.;