TRIBHUWAN DHAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vikas Budhwar along with Sri Lalji Pandey, learned Counsels for the petitioners, and Sri S.P. Singh, learned Standing Counsel for the State respondents.

(2.) In this petition prayer has been made to quash the order dated 23.08.2001(Annexure-4 to the writ petition) passed by the District Magistrate, Mirzapur in compliance to the order of this Court dated 03.01.2001 passed in Writ Petition No. 29271 of 1999 (Tribhuwan Dhar Mishra and Ors. v. State of U.P. and Ors.) and also order dated 23.08.2001 (Annexure-5 to the writ petition) passed by the District Magistrate, Mirzapur in compliance to the order of this Court dated 03.01.2001 passed in Writ Petition No. 29259 of 1999.(Vijay Chand Shukla v. State of U.P. and Ors.), and further prayer has been made for issuance of writ of mandamus commanding the respondents to permit the petitioners to discharge their duties as Collection Amin and to extend the other benefits as being given to the regular Collection Amins. Petitioners have also prayed for issuance of direction restraining the respondents not to fill up the existing 10 vacancies of Collection Amins till the final decision of the present writ petition.

(3.) It appears that the petitioner nos. 1,2. 3, 4 arid 5 were appointed as Seasonal Collection Amin with effect from 15.02.1986, 05.04.1986, 15.02.1986, 18.02.1986 and 28.12.1989 respectively and they had worked satisfactorily as Seasonal Collection Amin. According to the petitioners, a list dated 07.03.1990 was prepared and finalized by the Tehsildar and Sub Divisional Officer, in which all the petitioners were included and shown as Seasonal Collection Amin in Tehsil Sadar, District Mirzapur, however, for the reasons unknown, the petitioners were disengaged on 31.03.1994, against which they approached to the U.P. Public Services Tribunal, where the learned Tribunal by its order dated 23,03 1999 derived the irrelevant conclusions, against which two separate petitions, namely, Writ Petition No. 29271 of 1999 and Writ Petition No. 29259 of 1999, were preferred, which were clubbed together after exchange of pleadings in reference to the order of this Court (D.B.) dated 21.05.1993 passed in Writ Petition No. 29158 of 1990 (Adya Prasad v. U.P. Public Services Tribunal and Anr.), which was also affirmed by the Supreme Court, the above two writ petitions were disposed of on 03.01.2O01 with direction to decide the representations of the petitioners by the District Magistrate. In compliance thereto, the representations of the petitioners were considered and illegally and erroneously were rejected on 23.08.2001 by the District Magistrate, Mirzapur. Hence the present writ petition.