Ajit Kumar, J. - (1.) The petitioners, who were initially appointed as a Seasonal Collection Amin, a temporary cadre created by the respondent-State, have questioned the order passed by the Collector/ District Magistrate, Gorakhpur dated 27th November, 2009 by means of this writ petition. By the impugned order petitioners' claim qua regular appointment within 35% quota reserved under U.P. Collection Amins' Service Rules, 1974 (for brevity 'Rules, 1974'), has been rejected.
(2.) The factual matrix of the case is that after the amendment in the Rules, 1974 vide notification dated 23rd October, 1992, 35% of the posts of Seasonal Collection Amins were directed to be filled in from amongst the Seasonal Collection Amins. Thus, for 35% of the vacancies, the Seasonal Collection Amins cadre became a feeding cadre. Accordingly, the petitioners, who were appointed prior to the amendment became entitled to be considered for regular appointment as Seasonal Collection Amin under the Rules, 1974.
(3.) In order to make appointments without disturbing seniority even in the feeding cadre, the Board of Revenue, U.P., Lucknow issued a Circular dated 25th February, 1995 for preparation of the seniority list of Seasonal Collection Amins district-wise. On 26th April, 1995, the seniority list was prepared of the Seasonal Collections Amins and these Seasonal Collection Amins were placed in order of merits in the category 'A', 'B' and 'C'. The petitioner nos. 1, 2 and 3 were placed at serial No. 25, 23 and 13 respectively in category 'A' of the seniority list declared on 26th April, 1995. It is also worth noticing that the average work performance of collection revenue was adjudged to be 82%, 72% and 79% respectively in respect of the petitioners. The combined seniority list of Seasonal Collection Amins of district- Gorakhpur in the category 'A', 'B' and 'C' with reference to their respective merits of performance has been filed as Annexure-3 to the writ petition.;