Allahabad High Court
Bhanwar Singh And 4 Others vs State Of U.P. And 2 Others on 26 July, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 8267 of 2021
Petitioner :- Bhanwar Singh And 4 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Dharmendra Kumar Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard Shri D.K. Tripathi, learned counsel for the petitioner and learned Standing Counsel for the State authorities.
Present writ petition has been filed for following reliefs:-
"(I) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to consider the regularization of the petitioners on the post of Collection Amin under Rule 5 of U.P. Seasonal Collection Amin Rules, 1974 as amended by time to time under 35% quota, considering the judgment passed in case of Pankaj Srivastava which is reported in 2013 (11) ADJ 473 and give the joining to the petitioners on the post of Collection Amin, considering the Government Order dated 22.02.2019, within stipulated period, specified by this Hon'ble Court.
(II) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 after giving the joining to the petitioner on the post of collection Amin to give the notional seniority to the petitioners when the juniors than the petitioners were given joining, also pay the arrears of salary and current salary month to month."
Learned counsel for the petitioners submits that inspite of having eligibility his case was not considered for regularization on the post of Collection Amin. He submits that his case is liable to be considered in the light of the judgment passed by this Court in State of U.P. & Ors. v. Pankaj Srivastava, 2013 (11) ADJ 473 wherein it was opined that 'satisfactory service' would mean that in last four fasals, Seasonal Collection Amins should have attained recovery with the prescribed norms of at least 70%. Expression 'last four fasals' would mean last four fasals out of total number of fasals in which he has worked. It does not mean that he must have actually working on date on which the Selection Committee applies its mind.
Learned counsel for the petitioners submits that admittedly juniors to the petitioners have been regularized but the authorities have discriminated in the matter. He submits that the claim of the petitioners is liable to be addressed by the competent authority in the light of the judgment in Pankaj Srivastava (Supra).
So far as age relaxation is concerned, learned counsel for the petitioners has relied upon the judgment in Devki Nandan & Ors. v. State of U.P. & Ors., Writ Petition No.54923 of 2017 decided on 28.5.2018. Petitioners have already been granted benefit of age relaxation on 22.02.2019.
Considering the facts and circumstances of the case and with the consent of parties, the writ petition stands disposed of asking the District Magistrate, Saharanpur to consider the claim of the petitioners for regularisation in the light of the judgments passed by this Court in Pankaj Srivastava (Supra) and Devki Nandan & Ors. (Supra) within three months from the date of production of copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.7.2021
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