- (1.) Petitioners are seasonal collection amins, working as such since last several years, they have filed abovenoted writ petition seeking relief in the nature of writ of certiorari quashing the order dated 10.11.99 passed by Collector, Etah annexures-4, 5 and 6 of the writ petition and for quashing the seniority list dated 30.10.99 prepared by Collector, Etah contained in annexure-8 of the writ petition and entire selection proceeding held on that basis. A further relief in the nature of mandamus has been sought for directing the Collector, Etah to prepare a fresh seniority list on the basis of length of service rendered by individual seasonal collection amins and thereafter to undertake selection proceeding to fill up all existing 22 vacancies on the post of collection amins from amongst the seasonal collection amins strictly in accordance with U.P. Collection Amins Service Rules 1974 as amended in the year 1992.
(2.) The relief sought for in the writ petition rests on the assertions that the petitioners No. 1, 2, 4, 5, 6, 7 and 8 belong to other backward class while remaining petitioners belong to general category. The date of first appointment as seasonal collection amin of petitioner Nos. 1 to 13 is 19.6.76, 20.1.81, 8.2.83, 4.2.82, 5.6.84, 5.6.84. 21.1.86, 18.5.85 1.6.86, 25.6.89, 1.6.90, 3.3.92 and 21.9.95 respectively and each of the petitioners have completed substantial length of service while working as seasonal collection amins as on 31.3.99 the total length of working of petitioners No. 1 to 13 comes to: Petitioners' name Length of Service 1. Rajveer Singh 10 years. 8 month and 9 days 2. Rajpal Singh 10 years, 4 months and 18 days 3. Girish Babu 9 years 5, months and 1 day 4. Rohan Lal 9 years 3, months and 10 days 5. Ram Swaroop 8 years, 10 months 3 days 6. Ram Das Verma 7 years, 4 months and 27 days 7. Jaipal Singh 7 years, 8 months and 20 days 8. Geetam Singh 7 years, 6 months and 20 days 9. Yogendra Singh 7 years, 4 months and 21 days 10. Devendra Singh 6 years, 1 month and 19 days 11. Pratap Singh 4 years, 11 months and 29 days 12. Hariom 3 years, 9 months and 10 days 13. Veeresh Kumar 1 year, 8 months and 24 days
(3.) It is further stated that even subsequent to 31.3.99 all the petitioners except petitioner No. 2 have been working as seasonal collection amins. The last extension of appointment as seasonal amin granted to all petitioners except to petitioner No. 2 was so granted on 18.5.99/20.5.99 and in pursuant thereto all the petitioners except petitioner No. 2 were continuously working as seasonal collection amins till 30.9.99. The work and conduct of each of the petitioners have been fully satisfactory and there does not exist any complaint with regard to their working or conduct. The recovery percentage of petitioners has also been satisfactory and same has been in excess of 75% of the recovery certificate issued to them for collection. It is also stated that the petitioners are required to recover the amount on the basis of recovery certificates issued to them and in absence of recovery certificates no recovery whatsoever can be effected by the petitioners and all the petitioners are posted in rural areas and the recovery required to be effected by them is recovery towards loan, revenue and canal or tubewell irrigation charges and some nominal portion of such recovery comprises of other dues. It is further stated in the writ petition that in contrast to aforesaid, seasonal collection amins posted in urban areas are required to effect recovery of various nature on the basis of recovery certificates issued to them for realisation of dues of miscellaneous category. The recovery certificates issued to the seasonal collection amins posted in urban areas or semi urban areas are always for in 'excess of the recovery certificates issued to the seasonal collection amins posted in rural areas so that the total amount recovered by collection amins posted in urban areas or semi urban areas is in excess of the amount recovered by collections amins posted in rural areas. This is on account of the simple reason that collection amins posted in urban areas or semi urban areas are issued recovery certificates for realisation of larger amount in comparison to recovery certificates issued to the collection amins posted in rural areas for realisation. Thus, by way of necessity the percentage of recovery is percentage of amount recovered by individual collection amins in co-relation with recovery certificates issued to them and there can be no possibility for making any comparison of the amount recovered by collection amins posted in rural areas with the amount recovered by collection amins posted in urban or semi urban areas.;