Allahabad High Court
Ramakant vs State Of U.P. Thru. Prin. Secy. ... on 8 February, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 16292 of 2019
Petitioner :- Ramakant
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue And Ors.
Counsel for Petitioner :- Shailesh Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for petitioner and learned Standing Counsel for the State.
The petitioner has approached this Court challenging the order dated 15.01.2018 passed by the District Magistrate, Lakhimpur-Kheri, whereby regularization of the petitioner as Collection Amin from the post of Seasonal Collection Amin has been rejected on the sole ground thatthe petitioner did not achieve the criteria of 70% of the recovery.
The said condition has already been quashed by this Court by its judgment and order dated 15.09.2009 passed in Special Appeal No.518 of 2000 (State of U.P. and others Vs. Sri Surendra Singh). The relevant portion of the order dated 15.09.2009 reads as under:
"While considering the case of the petitioner for regularization on the post of Collection Amin as per the U.P. Collection Amin Service Rules 1974, in view of the observation made hereinabove the appellants may also take into consideration that mere non-achieving of target for collection, bereft of other relevant facts can not be the criterion for achieving efficiency for the purpose of regularization as observed by this Court in the case of Dinesh Kumar Asthana V. Collector, Azamgarh and others, 2001(1) ESC 340 and Brijesh Kumar Vs. Collector/District Magistrate Manpuri and others, (2001) 3 UPLBEC 2544, relevant portion of para 8 of the case of Dinesh Kumar Asthana (supra) reads as under:-
"This Court has no means to find out whether the recovery in a particular year with respect to the petitioner was low for reason other than this own efficiency. It is very relevant circumstance while considering the efficiency of Seasonal Collection Amin. For example, recovery is not possible beyond a certain limit for various factors and reasons like-orders from Court, the total extent of recovery to be made in one's area and/or whether Government itself kept recovery in abeyance due to famine, flood, drought etc. These will be relevant consideration to be taken into account and a Seasonal Collection Amin, being put to sufferance for reasons beyond his control, cannot be non-suited for low recovery as it does not reflect at all upon his efficiency."
In the result, the appeal is dismissed with the modifications aforesaid."
A perusal of the same shows that this Court had repeatedly held that non-achieving of target for collection, bereft of other relevant facts cannot be the sole criteria for the purpose of rejection of regularization. Since the said aspect of the matter is not considered in the impugned order and the claim of the petitioner is rejected only on the ground that his recovery was not upto mark. Thus, the impugned order is in violation of the law laid down since long.
Further, the case of the petitioner was referred by this Court for consideration of age relaxation for regularization as juniors to the petitioner were granted the said benefit, but the case of the petitioner was not considered. The State Government was required to consider petitioner's case for age relaxation while deciding on his regularization.
In view thereof, the writ petition is allowed and the impugned order dated 15.01.2018, is set aside. The respondent no.2-District Magistrate, Lakhimpur-Kheri is directed to consider the case of the petitioner for age relaxation as well as for regularization in the light of the fact that juniors to the petitioner have already been granted the said benefit, and pass appropriate reasoned and speaking order, in accordance with law, within a period of two months from the date, a certified copy of this order is placed before him, taking into consideration the judgement and order dated 15.9.2009 passed in the case of Surendra Singh (supra).
(Vivek Chaudhary, J.)
Order Date :- 8.2.2023
Arjun/-
