JAGAT NARAIN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner challenges an order dated 18.11.2006 made by the respondent No. 2. In terms of the said impugned order the representation of the petitioner dated 17.04.2006 came to be disposed of and his prayer for appointment as a Collection Amin turned down.

(2.) UNDISPUTED facts which emerge from the pleadings exchanged between the parties appear to be that the petitioner was iniatially appointed as a Seasonal Collection Amin in January, 1976 and continued to work as such up to 31.12.1989. During the pendency of litigation taken up by the petitioner and Seasonal Collection Amin seeking regularization of their services, the petitioner approached this Court filing Writ Petition No. 8363(S/S) of 1989, which came to be disposed of on 5.5.1999 in the following terms:

(3.) IT appears that the judgment rendered aforesaid was not complied with constraining the petitioner to institute contempt proceedings and it was during the pendency of the said contempt proceedings that a report with regard to the regularization of the petitioner was drawn up on 2.8.1999. The said report recorded that the recovery effected by the petitioner in the last four crop years has been upto standard fixed and that his work and character was satisfactory. This report was submitted for consideration of the District Magistrate, who in his order dated 5.1.2004 recorded that the petitioner was liable to be considered for regular appointment to the extent of 35% of the vacancies earmarked for his category on the basis of seniority and performance and subject to fulfillment of qualifications regarding age.