Avadhesh Kumar vs State Of U P And 4 Others
2022 Latest Caselaw 20755 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - A No. - 3893 of 2020
 
Petitioner :- Avadhesh Kumar
 
Respondent :- State Of U P And 4 Others
 
Counsel for Petitioner :- Ganga Bhushan Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

Despite order dated 06.10.2021 granting four weeks and no more time, counter affidavit has not been filed.

The present petition was filed challenging the order dated 11.04.2019, whereby the claim of the petitioner for regularization has been rejected on the ground that the petitioner had worked only for three Fasal and whereas in terms of the regularization it was incumbent that the petitioner had worked for four Fasals.

The contention of the learned counsel for the petitioner is that in terms of Uttar Pradesh Collection Peon's Service (Second Amendment) Rules, 2016, the requirement is i.e. Seasonal Collection Peons should have worked satisfactorily for at least four Fasals. He argues that thus the foundation based upon which the claim has been rejected, is erroneous. The petitioner's claim so have worked since 1997 as is also clear from Annexure No. 1 which is the record maintained by the respondents.

Considering the said document, it is clear that the petitioner has clearly fulfilled the criteria as specified in the second Amendment to the Rules of 2016, as such the order impugned is not sustainable and is set aside with directions to consider the claim of the petitioner for regularization on the basis of the certificate dated 18.07.2011 as contained in Annexure No. 1. It is clarified that if the petitioner have worked for four Fasals, his case shall be considered and decided in accordance with the rules. The respondent shall take a decision afresh as directed above within a period of three months from today.

The petitioner is directed to approach the respondent no. 3 (District Magistrate/Collector Banda) with a copy of this judgment for further decision as directed above.

Accordingly, petition stands allowed.

Order Date :- 12.12.2022/Vibha Singh