SALIK RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition lays challenge to an order dated 26th October, 2010 passed by the District Magistrate, Allahabad, respondent No. 2 herein, in terms of which the claim of the petitioner for absorption/appointment as a Collection Peon in accordance with the provisions of the U.P. Seasonal Collection Peons Service Rules, 2004, has been turned down. The impugned order records that the assistance percentage of the petitioner on an average in the last four fasalis was 53% and, therefore, he was not found fit for being considered for absorption/appointment in accordance with the provisions of the Rules aforementioned. It is aggrieved by the said order that the present writ petition came to be filed.

(2.) THIS petition was admitted for final disposal by order of this Court dated 1st August, 2013. Before proceeding to delve upon the rival contentions of the parties, it would be apposite to notice the following facts.

(3.) UNDER the provisions of U.P. Seasonal Collection Peons Service Rules, 2004, 50% of the vacant posts in the cadre of Collection Peons were earmarked to be filled from and by Seasonal Collection Peons. Rule 5, which is relevant for our purposes reads as under: