Ram Sabd Singh vs State of U.P. and others

S.U. Khan, J.

Heard learned counsel for the parties.

In paras 3 and 4 of the writ petition it has been stated that petitioner was initially appointed on 01.02.1990 as Seasonal Collection Amin after following the due procedure for Selection, that petitioner continuously worked for last 4 faslis and he was placed at serial no.143 in the seniority list of seasonal collection Amins prepared at District level in the year 2000. It has also been stated that collection of petitioner was more than 70%. In para 8 it was stated that on 19.11.2004 Collector, Azamgarh appointed 11 Seasonal Collection Amins of which 6 were juniors to the petitioner. Prayer made in the writ petition is that petitioner should be given appointment as seasonal collection amin for the season starting from November 2004. The next prayer is that Collector Azamgarh and Deputy Collector, Tehsil Lalganj, District Azamgarh should be directed to regularise the services of the petitioner. An interim order was passed on 18.01.2005 directing the D.M. Azamgarh to engage seasonal collection Amins strictly in accordance with the seniority subject to their suitability. In para 4 of the counter affidavit it has been stated that petitioner was for the first time appointed as seasonal collection Amin on 21.11.1996 and not on 01.02.1990. It has further been stated that father of the petitioner was regular collection Amin. He took leave in 1990 and for the short period of leave petitioner was appointed as stop gap arrangement till 30.06.1991 with certain breaks and since 30.06.1991 till 21.11.1996 petitioner was never in service. Copy of service book has also been annexed as Annexure CA1 to the counter affidavit. In the rejoinder affidavit filed alongwith amendment application this fact has been admitted in para 4 wherein it has been stated that :

" the petitioner has been continuously working since 1996 each and every season as and when the sanctioned post of seasonal collection amins for tehsil Lalganj were obtained"

In para 5 of the counter affidavit (sworn on 14.12.2005) it has been stated that petitioner was not working for last 4 faslis continuously and his realisation was much less than the fixed target of Rs.1 lakh. The chart showing realisation of the petitioner from 16.11.1998 till 31.05.2005 has been annexed as Annexure CA2 which varies from 98% from 10.02.2005 to 31.03.2005 to 33% in MayJune 2000. From 22.07.2003 to 30.09.2003 it was 46%. In para 6 of the counter affidavit it has been stated that realisation of the petitioner was less than the other seasonal collection Amins, hence he was not engaged as seasonal Collection Amin. It has further been stated in para 7 that as less number of posts of seasonal Collection Amin were sanctioned by the Commissioner, hence only those persons were appointed whose realisation was higher.

In fact the interim order passed by Hon. Sunil Ambwani, J on 18.01.2005 is almost sufficient for final disposal of the writ petition.

However, petitioner is censured for not clearly stating in the writ petition that he was for the first time engaged as seasonal Collection Amin in 1996. His appointment in 19901991 was only on leave vacancy of his father.

Writ petition is disposed of with the direction that petitioner shall be engaged as seasonal collection Amin depending upon the availability of sanctioned posts of seasonal Collection Amins and subject to suitability which includes inter alia realisation percentage. Appointments should strictly be made in accordance with U.P. Collection Amin Service Rules 1974 as amended in 1992.

Writ petition is accordingly disposed of.