IRSHAD ALI,J. - (1.) Heard learned counsel for the petitioner Sri. S.K. Yadav and learned Standing counsel appearing on behalf of the respondents.
(2.) By means of the present writ petition, the present writ petition has been filed on the following prayer:- (i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 28.3.2018 (Annexure No. 1) passed by the opposite party no. 3. (ia) issue a writ, order or direction in the nature of certiorari quashing thereby the Government Order No. 616/1/17-2017- Ra-7 dated 31.10.2017 (if any) of the summoning form its custodian to the extent it relates to the petitioner who is more than 45 years of age. (ib) issue a writ, order or direction in the nature of mandamus thereby directing and commanding the respondents to modify its minutes of meeting dated 26.12.2016 to the extent that petitioner name may be included in the list of 26 incumbents whose age are up to 45 years. (ii) issue a writ, order or direction in the nature of mandamus thereby commanding and directing the respondents to proceed to reconsidered the case of petitioner, insofar as his age criteria is concerned, and to issue appointment order and his posting order at pare with 36 similarly circumstanced incumbents, treating him up to 45 years of age and ignoring the requirement of age relaxation by the state government as he covered by Rule 5 of U.P. Collection Peons Service (Second amendment) Rules, 2016 with effect from the date when other similarly situated incumbents have been given appointment pursuant to recommendation made by the selection committee on 16.12.2016. (iii) issue a writ, order or direction in favour of the petitioner which this Hon'ble High Court may deem fit just and proper under the circumstances of this Court in favour of the petitioner. (iv) Allow the instant writ petition with appropriate costs in the interests of justice.
(3.) Brief facts of the case is that the petitioner was appointed as Seasonal Collection Peon on 1.1.1997 in Tehsil Ram Sanehi, District Barabanki. The petitioner in accordance with U.P. Collection Peon's Service Rule 2004 as amended by Second Amendment Rule 2016 which is known as U.P. Collection Peon's Service (Second Amendment) Rules, 2016 claimed regularization on the post of Collection Peon in the respondents department. Under the aforesaid rules, it has been provided that those Seasonal Collection Peons, who have completed 45 years of service and fulfils other eligible criteria required under the aforesaid rules shall be considered for the grant of regularization in service.;