LAWS(ALL)-2017-2-217

UMESH CHAND JAIN Vs. STATE OF U.P.

Decided On February 21, 2017
Umesh Chand Jain Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Umesh Chand Jain son of Sugan Chand Jai, Seasonal Collection Amin, is assailing the validity of the order dated 19.12016 passed by the learned Single Judge in Civil Misc. Writ Petition No. 67045 of 2014 (Umesh Chandra Jain Vs. State of U.P. and others) wherein learned Single Judge has refused to quash the order dated 14.12000 and order dated 26.07.2014 passed by the Chairman/Secretary Board of Revenue, U.P. Lucknow.

(2.) Brief background of the case is that appellant was appointed as Seasonal Collection Amin in the Department on 10.03.1986. Appellant further claims that his work and recovery has always been upto the mark, and being senior most Seasonal Collection Amin in the District Agra, he was appointed on ad-hoc basis on a substantive post of Collection Amin on 16.01.1996. Appellant has been claiming that in the seniority list of the Seasonal Collection Amin, his name figured at Serial No. 20 and incumbents who have been placed below him, have been regularized, and in this background Civil Misc. Writ Petition No. 34118 of 1996 had been filed and therein directives were issued to consider the claim of the appellant. Learned Single Judge has mentioned in the order that representation of the appellant was disposed of with the direction that he was entitled for salary. Appellant filed another Civil Misc. Writ Petition No. 14669 of 1997 claiming regularization and said writ petition was finally decided on 20.04.2000. Pursuant to the directive issued by this Court, claim of the appellant has been turned down vide order dated 14.11.2000. Order dated 14.11.2000 has once again been subjected to challenge by the appellant in Civil Misc. Writ Petition No. 13291 of 2001 (Umesh Chand Jain Vs. D.M. and others) and said writ petition was allowed on 10.04.2014 with the following direction:-

(3.) Pursuant to the order passed by this Court, claim of the appellant has once again been considered and turned down, and such action once again impelled the appellant to be before this Court by preferring Civil Misc. Writ Petition No. 67075 of 2014 and thereafter claim of appellant has been turned down after exchange of pleadings, accordingly, appellant is before this Court by means of present Special Appeal.