Ashok Kumar vs State Of U.P. Thru Secy.Revenue ...
2023 Latest Caselaw 1801 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- WRIT - A No. - 25675 of 2017
 

 
Petitioner :- Ashok Kumar
 
Respondent :- State Of U.P. Thru Secy.Revenue Deptt.Lucknow And Ors.
 
Counsel for Petitioner :- Manoj Sahu
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Brij Raj Singh,J.

Heard Ms. Sonal Pandey, holding brief of Sri Manoj Sahu learned counsel for the petitioner and learned standing counsel.

Learned counsel for the petitioner has submitted that the petitioner has worked as Seasonal Collection Amin from 3.6.1996 upto 2000, and he is entitled for regularisation.

However, in the counter affidavit filed by the State, in para-4 thereof, it has been submitted that the collection of the petitioner was not satisfactory therefore, his case cannot be considered for regularisation.

Learned counsel for the petitioner has invited attention of this Court towards the judgment dated 17.5.2016 passed in Writ-A No.22690 of 2016 (Kunj Bihari Mishra and others. Vs. State of U./P. and another.) and the judgment dated 21.10.2016 passed in Service Single No.2751 of 2014 (Suresh Chandra Mishra. Vs. State of U.P. and another.) in which it has been held that Rule 5 has to harmoniously construed with the main provision which is given in Uttar Pradesh Collection Amins' Service Rules, 1974. The principle requirement under the Rule was that the Seasonal Collection Amin should have worked at least four Fasli and the extent of recovery needs to be assessed with reference to last four Fasli during the period when he worked. The recovery is depending on various factors, therefore, the case of the petitioner is also covered with the aforesaid judgments.

In view of the aforesaid facts, I direct the opposite party No.2 to take a decision in the pending representation of the petitioner considering the aforesaid two judgments and other relevant records of the petitioner in accordance with law within a period of six weeks from today.

With the aforesaid directions, the petition is disposed of.

Order Date :- 17.1.2023

Rajneesh JR-PS)