(1.) Heard Shri Ashok Kumar Pandey, learned Counsel for the petitioner and Shri Govind Narain Srivastava, learned Standing Counsel for the respondents-State.
(2.) The petitioner was initially appointed as Seasonal Collection Amin on 3/2/1978 in pay scale 200-320 and thereafter, was granted regular pay scale of Collection Amin from 1982, until his retirement on attaining the age of superannuation on 31/12/2012. Petitioner was granted increments, bonus, leave encashment and income tax was regularly deducted from his salary. The pay scale was revised from time to time. During service, petitioner filed several petitions seeking regularization under 35% quota provided under the Uttar Pradesh Collection Amins Service Rules, 1974 (for short "the Rules 1974"). The petition being Writ- A No.20531 of 2010 came to be disposed of on 24/11/2014, directing the Collector, Ballia, to consider the claim of the petitioner for regularization on the post of Collection Amin under the Rules, 1974. The District Magistrate, Ballia, vide order dtd. 4/4/2015 rejected the claim of the petitioner on the ground that he was not found suitable, which is under challenge in this writ petition.
(3.) It is urged that by the learned counsel for the petitioner that the petitioner came to be appointed in the year 1978 and retired in the year 2012, having rendered service for three decades as temporary employee appointed against a post, therefore, is entitled to pension.