RAJWANT PRASAD YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The controversy involved in this writ petition is that in absence of any statutory Rules or Government Order or Circular, for determination of seniority of Seasonal Collection Peons working in the revenue department of Government of Uttar Pradesh, how their seniority can be determined ? What would be the basis for determination of their inter se seniority? As to whether their date of appointment would be a legitimate and the reasonable basis for determination of seniority or the number of working days of such Seasonal Collection Peons in their whole service career would be a reasonable basis for determination of their seniority. Beside this the other questions incidental to their services are also involved for consideration of this Court.

(2.) The brief fact of the case having material bearing with the question in controversy involved in the case is that the petitioner was Seasonal Collection Peon in Tehsil Soraon, district Allahabad. He was first time appointed as such on 9.2.1982, thereafter, he was engaged as Seasonal Collection Peon in each fasli years and continued as such till 1995. In the year 1996 first time the Respondent No. 2 did not engage the petitioner as Seasonal Collection Peon and the juniors to the petitioner were engaged and retained in service. Feeling aggrieved against the aforesaid action of Respondent No. 2, he filed writ petition before this Court, which was numbered as Civil Misc. Writ Petition No. 6315 of 1996 decided on 3.6.1996 whereby this Court has directed that the Respondent No. 2 Up-Ziladhikari, Soraon, Allahabad will consider the candidature of petitioners who were three in number before giving employment to other persons in accordance with law. The aforesaid order is also Annexure-2 to the writ petition. In compliance of the aforesaid order dated 3.9.1996 the Respondent No. 2 again appointed the petitioner as Seasonal Collection Peon, since then the petitioner was permitted to work continuously in each and every season on the said post upto 31.3.2000. The petitioner has also filed a seniority list of Tehsil Soraon, district Allahabad dated 31.3.2000 wherein his name finds place at Serial No. 19 which contains the name of twenty persons.

(3.) On 20.4.2000 the Respondent No. 2 has passed an order wherein it is mentioned that in the anticipation of approval by Collector of the district for engagement in the next fasli year to be ended by 30th June, 2000, a list containing the names of fifteen Collection Peons has been prepared and published and persons included in the list were directed to join their services. It is also mentioned in the order that this order has been passed keeping in view the order passed by this Court in the writ petition filed by Seasonal Collection Peons, but no particulars of any writ petition has been mentioned. The order passed by this Court also not been mentioned. The petitioner's name does not find place in the aforesaid list of fifteen Seasonal Collection Peons. Feeling aggrieved against the aforesaid action of the Respondent No. 2 Sub-Divisional Officer, the petitioner has moved application/representation before Sub-Divisional Officer, Soraon on 6.6.2000 and 8.8.2000 whereby it is submitted that petitioner has already filed a writ petition before this Court referred above which has been disposed of on 3.9.1996. In pursuance of the order passed by this Court, the petitioner has been continuously permitted to work in each and every fasli year but the order dated 20th April, 2000 has been passed excluding the name of petitioner and persons junior to him have been included in the aforesaid list. It has also been mentioned in the aforesaid application that he may be permitted to work on the post of Seasonal Collection Peon and he may be regularised and absorbed as regular Collection Peon but respondents did not paid any heed over the matter, therefore, the petitioner has been compelled to file instant writ petition before this Court seeking direction for appointment as Seasonal Collection Peon in the next coming fasli year inasmuch as regularisation of his service as regular Collection Peon against regular vacancy.