RAM BRIKSH YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution of India, the petitioners have sought the quashing of the order dated 16.2.2005, passed by Collector. Maharajganj (Annexure-1) pursuant to the order dated 22nd July, 2004, passed by this Court in Writ Petition No. 709 (SS) of 1991 and also for a direction to the opposite parties to allow the petitioners to continue in service with all consequential benefits.

(2.) Petitioners 1 to 5 were appointed as Seasonal Collection Amins in Tahsil Sadar of District Maharajganj on different dates between 27th July, 1988 and 27.1.1989, respectively and they have been working as such. It would be significant to note that there are two categories of Seasonal Collection Amins, one regular collection amins and the other seasonal collection amins. The services of Collection Amins are required for recovering the various Government dues. Regular Collection Amins are appointed on the basis of the test in accordance with the provisions contained in U.P. Collection Amins' Services Rules, 1974 (hereinafter referred to as the 'Rules'). There are sanctioned posts under Rule 4 of the Rules for the regular collection amins, whereas vacancies for Seasonal Collection Amins are created by the Commissioner of the Division according to the need. Some amendment was introduced in the U.P. Collection Amins Service Rules in the year 1992, whereby the provisions of Rule 5 and Rule 17 were amended. The provisions were introduced in Rule 5 that 35% vacancies of the regular collection amins shall be filled in from Seasonal Collection Amins, who have worked satisfactorily for not less than 4 faslies and who have not crossed the age of 45 years. An Explanation has been added defining the satisfactory work as inclusive of good conduct and recovery during the 4 faslies not being less than 70%. Rule also provides that a list of such Seasonal Collection Amins shall be prepared, who are eligible according to Rule 5(1) and shall appoint them in the required number against the available vacancies on the basis of their service period (seniority) and subject to satisfactory work. Later on, the aforesaid service rules were further amended by 6th Amendment of 2004, whereby the Explanation added to Rule 5 was amended and the minimum 70% recovery in the preceding 4 faslies were substituted by the words an average of 70% recovery during the 4 fasals.

(3.) It may also be noted that the Seasonal Collection Amins do not work for the whole year. They are appointed for Rabi or Kharlf Crop (Fasal) or for both Jasals (crops) as provided in Rule 3 (Jha) of the Rules when the recovery work remains postponed between the two crops, their services are not utilized. It appears that the petitioners, apprehending that their services are likely to be dispensed with, filed a Writ Petition No. 709 (SS) of 1991, wherein an interim order was passed on 5.2.1991, which is as follows: List and connect with Writ Petition No. 9052 of 1990. Until further orders, the opposite parties shall not terminate the services of the petitioners only to create artificial break....