Allahabad High Court
Kamlesh And Another vs State Of U.P. Thru. Prin. Secy. ... on 19 September, 2023
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:59931
Court No. - 20
Case :- WRIT - A No. - 6675 of 2023
Petitioner :- Kamlesh And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Civil Sectt. Lko. And 2 Others
Counsel for Petitioner :- Piyush Pathak
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners and learned State Counsel for opposite parties.
2. Petition has been filed seeking quashing of order dated 19.04.2023 and Government Order dated 30.10.2017 with further prayer for directions to opposite parties to issue a fresh list of eligible Seasonal Collection Peons to be regularised in terms of list dated 25.05.2018.
3. Learned counsel for petitioner submits that similar controversy has already been adjudicated upon in Writ Petition No.16741(S/S) of 2018 [Rakesh Kumar & Others v. State of U.P. and another] by means of judgment and order dated 31.05.2018 and seeks benefit of the same.
4. Judgment and order dated 31.05.2018 passed in aforesaid Writ Petition bearing No.16741(S/S) of 2018 is as follows:-
"Heard learned counsel for the petitioners and learned counsel for the respondents.
This bunch of writ petitions have been filed challenging the Government Order dated 30.10.2017 whereby the earlier Government Order dated 30.5.2008 has been rescinded. In the Government Order dated 30.5.2008, a provision was made that the Seasonal Collection Peons and Amins would not be deprived of the benefit of regular appointment on the ground of them having crossed the age of 45 years, in case, they are found otherwise eligible. It was provided that the Selection Committee in such cases shall forward its recommendations to the State Government for considering their cases for grant of age relaxation.
Some of the writ petitions tagged in this bunch have been filed challenging the orders of the State Government refusing to grant relaxation on the ground that there is no provision under the U.P. Collection Amins Service Rules, 1974 as amended by the Rules 2015 (in short "Rules, 1974") and Uttar Pradesh Collection Peon's Service Rules, 2004 as amended by the Rules 2016 (in short "Rules, 2004"), for grant of such relaxation. Both the recruitment rules provide the maximum age for regular appointment. Moreover, the U.P. Public Service Commission (Relaxation of Age Limit) Relaxation Rules, 1992 (in short "Relaxation Rules, 1992") which confers power upon the Governor to grant relaxation in maximum age limit in public recruitment, is a General Rule. The specific rules namely the Rules, 1974 and Rules, 2004 pertaining to recruitment of Seasonal Collection Amins and Peons to the regular post provides the maximum age limit, no relaxation can be given by invoking provisions of the Relaxation Rules, 1992, which is a General Rule, in absence of any such provision in the specific rules.
The facts of the case in brief are that the petitioners herein have been engaged as Seasonal Collection Amins or Peons in different districts in the State of U.P. and almost each of the petitioner has rendered substantial length of working as such. Under the statutory provisions, for recruitment to the post of Collection Amins and Collection Peons, there is quota of 35% and 50% for appointment from amongst the Seasonal Collection Amins and Peons. As per the procedure for selection, a seniority list is to be drawn in the order of length of services rendered by the seasonal employees. The said list is to contain full details with regard to their education qualifications, category to which they belong, their date of birth, the date of their first engagement in seasonal capacity and the length of working as against the name of each employee. The said eligibility list is to be placed before a Selection Committee at the district level which considers the name of each candidate finds place in the said list in the ratio of the vacant post and the required number of candidates on the basis of their seniority or the length of their service on the post of Seasonal Collection Amin/Peon in the district are appointed on regular post, subject to satisfactory working based on the recommendation of the Selection Committee.
The Government Order dated 30.5.2008 was issued in the matter of regular appointment of Seasonal Collection Amins and Peons which provided that the recommendation of the Selection Committee with respect to those candidates who had crossed the age of 45 years and were otherwise eligible should be forwarded to the State Government for consideration to grant relaxation in age and till such decision is taken, the post shall be kept vacant and the proceeding for regular selection shall not be concluded. The said Government Order has been revoked by another Government Order dated 30.10.2017 and hence these writ petitions.
The controversy in regard to the grant of age relaxation and consideration of candidature for regular appointment on the post of Collection Amin and Collection Peon have been considered by this Court in Writ-A No. 54923 of 2017 (Devki Nandan and 17 others Vs. Sate of U.P. and 3 others) which has been decided vide judgement and order dated 28.5.2018.
Therefore, in view of the above, this Writ Petition is finally disposed of in same terms and with the same direction as has been given in the judgement and order dated 28.5.2018 passed in Writ-A No. 54923 of 2017."
5. From a perusal of aforesaid order, it appears that grievance of petitioner is substantially the same as was raised in the said petition and therefore the present petition is disposed of finally in terms of directions issued vide order dated 31.05.2018 in Writ Petition No.16741(S/S) of 2018.
Order Date :- 19.9.2023
kvg/-
