- (1.) The appellants, who are all seasonal collection amins, were seeking absorption in terms of the provisions of the U.P. Collection Amins Service Rules, 1974. Claiming consideration by virtue of the provisions of the second proviso to Rule 5, the appellant had earlier approached this Court by filing a Writ Petition1 which came to be disposed of on 14 February 2011 calling upon the Collector & District Magistrate to consider their claim for regular appointment against the 35 % quota as provided under the 1974 Rules. Pursuant to the directions of the Court, the Collector turned down the claim of the appellants by an order dated 19 September 2011. This order formed subject matter of challenge in the writ proceedings from which the present appeal emanates. The learned Single Judge has negatived the contention of the appellants that they were entitled to a regular appointment against the 35% quota. Hence the present appeal.
(2.) The order of 19 September 2011, negatived the claim of the appellants on the ground that there were no vacancies against which the appellants could be offered regular appointment. The order records that the total strength of Collection Amins in district Ballia was 115. It held that applying the quota to the total strength of the district it was apparent that only 5 vacancies existed. In the selection process, three candidates belonging to the Other Backward Class and one candidate belonging to the general category were offered regular appointment. One post had been left vacant and was liable to be filled by a candidate belonging to the Other Backward Classes. The appellants not falling in the zone of eligibility were accordingly not offered appointment.
(3.) Learned counsel for the appellants has contended that the rules as amended by the Uttar Pradesh Collection Amin's Service (Seventh Amendment) Rules 2015 envisage a reservation of 35% of the vacancies being earmarked to be filled from amongst seasonal collection amins. It was submitted that the number of seasonal collection amins who were liable to be absorbed and granted regular appointment must necessarily be worked out by applying the quota of 35% to the vacancies as existing at the time of recruitment. It was contended that the Collector & District Magistrate has clearly erred in working out the number of vacancies liable to be offered to seasonal collection amins by applying the quota to the total number of posts in the district.;