Rajan Roy, J. - (1.) Rejoinder affidavit filed today is taken on record.
(2.) Heard.
(3.) The petitioner herein has been working as Seasonal Collection Amin since 1992. A seniority-list was published on 14.8.2015 wherein the name of the petitioner figured at Serial No.15 and his recovery was shown as 79%, however, by the time selection for the purposes of regular appointment/regularization under Rule 5 of the U.P. Collection Amin Rules 1974, as amended from time to time was held on 24.11.2016, one more Fasli i.e. 1422, had lapsed, therefore, the recovery figures for the same were also taken into account and after taking the same into account the average of recovery of the last Four Fasli years was determined as 68% whereas minimum requisite as per the Standing Counsel as mentioned in Rule 5 was 70%, therefore, he was not appointed, however, the learned counsel for the petitioner relies upon a Division Bench judgment of this Court in Special Appeal No.518 of 2000 wherein it has been held that while considering the case of the petitioner for regularization on the post of Collection Amin as per the U.P. Collection Amin Service Rules 1974 the appellant shall take into consideration that mere non-achieving of target for collection, bereft of other relevant facts cannot be the criteria for assessing the efficiency for the purpose of regularization as observed by this Court in the case of Dinesh Kumar Asthana v. Collector Azamgarh & ors., 2001 1 ESC 340, and Brijesh Kumar v. Collector/District Magistrate Mainpuri & ors., 2001 3 UPLBEC 2544. The Court took notice of para 8 of the judgment in Dinesh Kumar Asthana which reads as under: "This Court has no means to find out whether the recovery in a particular year with respect to the petitioner was low for reason other than this own efficiency. It is very relevant circumstance while considering the efficiency of Seasonal Collection Amin. For example, recovery is not possible beyond a certain limit for various factors and reasons like-orders from Court, the total extent of recovery to be made in one's area and/or whether Government itself kept recovery in abeyance due to famine, flood, drought etc. These will be relevant consideration to be taken into account and a Seasonal Collection Amin, being put to sufferance for reasons beyond his control, cannot be non-suited for low recovery as it does not reflect at all upon his efficiency.";