LAL BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners, who have been working as Seasonal Collection Amins in District Fatehpur, have filed this petition for quashing the order dated 15th July, 2009 passed by the District Magistrate, Fatehpur by which the claim of the petitioners for grant of appointment as Collection Amin in accordance with the provisions of the U.P. Collection Amins' Service Rules, 1974 (hereinafter referred to as the 'Rules') has been rejected as the percentage of recovery made by them during the last four Fasals was found to be less than 70%.

(2.) IT is stated that petitioner No. 1 was engaged as Seasonal Collection Amin on 4th February, 1991, petitioner No. 2 was engaged as Seasonal Collection Amin on 16th January, 1987'and petitioner No. 3 was engaged as Seasonal Collection Amin on 11th December, 2000. The claim for appointment as Collection Amin is based on Rule 5 of the Rules and the petitioners claim that they satisfy the conditions stipulated therein. However, since the petitioners were not appointed as Collection Amin, they and certain other persons filed Writ Petition No. 53307 of 2007 (Ram Naresh and others v. State of U.P. and others) which was disposed of by the judgment and order dated 5th May, 2009 with the following observations :

(3.) LEARNED Standing Counsel appearing for the respondents, however, submitted that there is no infirmity in the impugned order since the percentage of recovery for the previous four Fasals is less than 70% in accordance with the guidelines issued by the Board of Revenue that the percentage of recovery has to be calculated on the basis of the cash receipt and the deposits made by the debtors directly in tahsil or the concerned department cannot be taken into consideration for the purposes of calculating the percentage of recovery for considering cases for appointment under Rule 5 of the Rules.