Sudhir Agarwal - (1.) Heard Sri A.T.Pandey, learned counsel for petitioner, learned Standing Counsel for respondents and perused the record.
(2.) Petitioner admitted to have engaged on 24.01.1986 on daily wage basis. Thereafter pursuant to Government Order dated 03.02.1992, the then Chairman, Town Area Committee Bhatpar Rani, Deoria, regularized petitioner on the post of Tax Collector (Kar Samaharta). The fact was noticed subsequently that petitioner was not engaged on daily wage basis as Tax Collector but as Peon, hence impugned order has been passed reverting petitioner to the post of Peon,
(3.) Despite repeated query, learned counsel for petitioner could place no document before this Court that in 1986 he was ever appointed or engaged as Tax Collector. Government Order on 03.02.1992 permits regularization on the post on which the person concerned has worked for three years and more. Once petitioner was not engaged on daily wage basis as Tax Collector, question of his regularization as Tax Collector could not have arisen and patently illegal order was passed, which has been revoked by impugned order.;