Ram Dayal vs Collector and Others

Devi Prasad Singh, J.—Heard the learned Counsel for the petitioners. The grievance of The petitioner is that he is working on the post of Seasonal Collection Amin since 1978 but his services have not been regularized till date.

The submission of the learned Counsel for the petitioner is that the services of the persons junior to the petitioner have been regularized in the year 2001, but petitioner''s case has not been considered for regularization by the opposite parties in accordance to the relevant Government Order.

Learned Counsel for the petitioner has invited attention of this Court towards the Government Order dated 29th of August, 2001 (Annexure No. 9) and proceeded to submit that petitioner''s past experience of almost 28 years should be taken into consideration by the opposite parties.

On the other hand, learned Standing Counsel submits that for regularization of the services, it shall always be incumbent on the authorities to consider the satisfactory services rendered by the petitioner.

Keeping in view the facts and circumstances of the case, the competent authority is directed to reconsider petitioner''s case for regularization keeping in view the Government Order dated 29th of August, 2001 (Annexure No. 9) as well as other relevant Government Orders and Rules. It is expected that petitioner''s case shall be considered sympathetically by the competent authority since he has been discharging duty on the post ol Seasonal Collection Amin since 1978. Needless to say that in case, petitioner would have rendered unsatisfactory services, then he could have been removed by the authorities. The long service of about 28 years rendered by the petitioner itself is an indicative that he has discharged duty with satisfactorily service record. However, keeping in view the facts and circumstances of the case as directed hereinabove, opposite parties are directed to reconsider petitioner''s case for regularization in the light of the observation made in the present order expeditiously and preferably within a period of 5 months from the date of receipt of certified copy of this order and shall communicate the decision to the petitioner.

In the meantime, petitioner may be permitted to continue in service on the post of Seasonal Collection Amin.

Subject to above, writ petition is disposed of finally. No order as to costs.