- (1.) THESE special appeals raise common question of law and fact and, therefore, are being disposed of by a common judgment.
(2.) WE have heard Shri R.K. Shukla, holding brief of Shri Shailendra for the appellant in Special Appeal No. 294 of 2008; Shri V.D. Yadav, counsel for the appellant in Special Appeal No. 398; Shri Sudhir Kumar Chandraul for Mithlesh Kumar and Muztuba Husain, respondents No. 10 and 11 in Special Appeal No. 294 and 11 and 12 in Special Appeal No. 398 of 2008, and Shri Ghanshyam Dwivedi, Standing Counsel for the respondent State and its authorities. These special appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 have been preferred against a common judgment dated 8.2.2008 passed by a learned Judge in Civil Misc. Writ Petition No. 5932 of 2006, whereby the order dated 29.12.2005 whereunder the appellants were declared to have been selected as Collection Amins, has been quashed at the instance of Mithlesh Kumar and Muztuba Hussain, petitioners-respondents No. 10 and 11 in Special Appeal No. 294, and 11 and 12 in Special Appeal No. 398 of 2008 (hereinafter referred to as the 'petitioners').
(3.) BRIEF facts giving rise to present controversy are that selections were to be held for appointment of regular Collection Amins from amongst the Seasonal Collection Amins in accordance with the U.P. Collection Amins Service Rules, 1974 (hereinafter referred to as the 'Rules'), which provide that 35 per cent of the vacancies shall be filled up by regular appointment from Seasonal Collection Amins. There were 17 posts of Collection Amins lying vacant in 2004. An advertisement was published on 24th December, 2004 for recruitment against the said vacancies of Collection Amins. These Collection Amins are enjoined with the duty of collection of land revenue as per Rule 208 of the U.P. Zamindari Abolition and Land Reforms Rules, 1952 and the manner in which they have to proceed for collection of land revenue and maintain records are further provided in Rules 222-A to Rule 234-E of the said Rules of 1952.;