BALIRAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri J.P.N. Singh, learned counsel for the petitioners, Sri Jitendra Singh, learned Standing Counsel for the respondents and perused the record.

(2.) By means of the present writ petition under Article 226 of the Constitution, the petitioners have prayed for a writ, order or direction in the nature of a writ of certiorari for quashing the order dated 21st June, 2016 passed by the District Magistrate (Annexure- 7 to the writ petition), whereby the petitioners have been held as not eligible for regular appointment on the post of Collection Amin besides there being no vacancy under the quota reserved for Seasonal Collection Amins and thus the claim of the petitioners have finally come to be rejected. The petitioners have further prayed that they may be directed to be regularized or being given regular appointment for that matter in the said capacity.

(3.) Briefly stated, facts of the case are that the petitioner No.1 was initially appointed on the post of Seasonal Collection Amin on 28th December, 1990 whereas the petitioner No.2 was appointed on 1st May, 1985 and both at Tehsil- Sadar, District- Ballia. It is claimed by the petitioners that though they were appointed as Seasonal Collection Amin but they continuously discharged their duties as a full time Collection Amin since 1st July, 1991 without break of even a single day. It is submitted that they were paid salary with all allied emoluments. It is also claimed that with the recommendations of the 4th Pay Commission, the pay-scale of the petitioners was also revised under the order passed by the then Additional District Magistrate (Finance and Revenue) Ballia on 19th March, 1998.