Surendra Kumar Rai vs State Of U.P. Through Prin. Secy. ...
2013 Latest Caselaw 2373 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 2890 of 2013
 

 
Petitioner :- Surendra Kumar Rai
 
Respondent :- State Of U.P. Through Prin. Secy. Revenue Deptt. Lko. & Ors.
 
Petitioner Counsel :- Shrawan Kumar Verma
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ajai Lamba,J.

1.  Learned counsel for the petitioner contends that the petitioner has served as Seasonal Collection Amin.  He is eligible and suitable for appointment as regular Collection Amin under the U.P. Collection Amins Service Rules 1974.  Inter se seniority of such Seasonal Collection Amins is reflected in the document, Annexure-5, in which name of the petitioner finds mention at serial no.23.

2.  In discriminatory manner, person at serial no.37 namely Shyam Lal Yadav, has been made Regular Collection Amin, whereas claim of the petitioner has been ignored.  A number of representations have been made, however, the respondents have not responded.

3.  It has been stated that because Shyam Lal Yadav has been given appointment with effect from 15.2.2012, therefore, claim of the petitioner is not belated, although list, Annexure-5, was prepared in the year 2006.

4.  Person who is likely to be affected namely Shyam Lal Yadav has not been impleaded as a respondent. Any order passed in this writ petition might adversely affect the civil rights of Shyam Lal Yadav.  Under the circumstances, learned counsel for the petitioner prays for indulgence of this court to implead Shyam Lal Yadav as respondent no.5 on payment of Rs.500/- (Five hundred only) as costs.

5.  Request of counsel is accepted.

6.  Let Shyam Lal Yadav be impleaded as respondent no.5.

7.  Let notice be issued to Shyam Lal Yadav, respondent no.5, returnable in four weeks..

8.  Respondents are directed to file counter affidavit on the pleadings made in the petition as also the observations made above.

9.  Let the cost amount be deposited with Library Fund of the Oudh Bar Association within one week.

Order Date :- 20.5.2013

A.Nigam