RAM SINGH YADAV Vs. COMMISSIONER KANPUR

JUDGEMENT

(1.) The instant writ petition is filed by the petitioner for issue of a writ in the nature of mandamus commanding respondent No. 2, Collector, Kanpur Dehat, to absorb him on the post of Collection Amin against 35% vacancies reserved for Seasonal Collection Amins in view of the order dated 26.12.1996. Annexure-3 to the writ petition, passed by Commissioner, Kanpur Division, Kanpur.

(2.) The brief resume of the facts necessary for Just decision of the controversy involved in the present writ petition are that the petitioner was duly selected by the Selection Committee on the post of Seasonal Collection Amin. The petitioner filed Civil Misc. Writ Petition No. 8357 of 1995 decided on 3.4.1995 whereby the Collector, Kanpur Dehat, was directed to consider the claim of the petitioner for his absorption on the post of Collection Amin against 35% vacancies reserved for Seasonal Collection Amins strictly adhering to the provisions contained in U. P. Collection Amins Service Rules, 1974, as amended by Vth Amendment which came into force on 23.10.1992. A copy of the decision rendered by learned single Judge in the aforesaid writ petition is filed and marked as Annexure-1 to the writ petition.

(3.) It is further revealed from the averments made in the writ petition that in pursuance of the aforesaid decision rendered by the learned single Judge in Civil Misc. Writ Petition No. 8357 of 1995 decided on 3rd April, 1995, the petitioner made a representation to the Collector, Kanpur Dehat, who mechanically with closed mind on the basis of a manipulated seniority list rejected the representation of the petitioner holding that under amended U. P. Collection Amins Service Rules, 1974, made enforceable from 23.10.1992, absorption on the post of Collection Amin in District, Kanpur Dehat, within 35% vacancies reserved for Seasonal Collection Amins is to be made from the seniors to the petitioner who are awaiting their regularisation. It is borne out from rejection order passed by the then Collector, Kanpur Dehat, dated 23.11.1995 (Annexure-2 to the writ petition) that on the aforesaid date, the petitioner had already completed 4 years' service as Seasonal Collection Amin and was below 45 years in age. His performance as Seasonal Collection Amin was unblemished during his service. Thus, he was found eligible to be regularised on the post of Collection Amin within 35% vacancies reserved for Seasonal Collection Amins, but his representation was rejected on the basis of incorrect seniority list alleged to have been prepared by Upper Ziladhikari (Finance and Revenue), Kanpur Dehat, which was neither signed nor approved. No objections were invited from the affected persons against the aforesaid seniority list purported to have been prepared by Upper Ziladhikari (Finance and Revenue), Kanpur Dehat. A copy of the order dated 23.11.1995 passed by Collector, Kanpur Dehat, rejecting representation of the petitioner is filed and marked as Annexure-2 to the writ petition.