VINOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Ms. Monika Sahai, Brief Holder for State. Petitioner herein was appointed as Seasonal Collection Peon on 3.3.1999. His date of birth as recorded in the service record was 10.7.1981. A writ petition was filed before this Court by Ajayab Singh and others for finalization of the tentative seniority list dated 15.10.2011 and thereafter for regularization of their services against 31 vacant post of Seasonal Collection Peon in District Baghpat under 50% quota of collection peon as provided under the U.P. Collection Peon Service Rules, 2004. In pursuant thereof an exercise was undertaken by the respondent and a final seniority list was issued on 27.10.2012 wherein petitioner was placed at S. No. 38. The reasoning for placing the petitioner at Sl. No. 38 has been mentioned in the impugned order i.e. the Committee headed by A.D.M. (Finance and Revenue) decided on 27.12.2012 that the petitioner, on the alleged date of his appointment, was less than 18 years of age and therefore, the total of 133 work days put in by him while he was less than 18 years were excluded for consideration while determining his seniority and accordingly, his seniority was changed from 19 to 38. The Committee further decided that as the petitioner had obtained payment by concealing the relevant fact, therefore, the concerned authority is to take action against the officers/employee who had facilitated such illegal appointment of the petitioner and also for recovery of the salary paid to him for the said period.

(2.) It appears that petitioner raised oral objection before the respondents in this regard. Ultimately a show-cause notice dated 7.12.2012 was issued to the petitioner in the matter which was challenged by the petitioner by filing Writ A No. 2561 of 2013 which was disposed of by the following order dated 17.1.2013-

(3.) In pursuance to the aforesaid, proceedings took place before the District Magistrate/Collector, Baghpat and after opportunity of hearing to the petitioner, impugned order has been passed directing the concerned S.D.M. to black list the petitioner from the final seniority list of seasonal collection peon dated 27.10.2012, on the ground that he had obtained appointment while being less than 18 years of age by concealing the relevant facts. The impugned order also states that the petitioner, for the reasons aforesaid, is not entitled to be considered for regularization. Consequent to the aforesaid order dated 21.2.2013 passed by the District Magistrate, Baghpat, the Sub-Divisional Magistrate has passed another order dated 8.4.2013/16.4.2013 whereby he has 'black listed' the petitioner from the seniority list dated 27.12.2012.