RAKESH DUTT Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner seeks writ of mandamus commanding the respondents to permit the petitioner to work as Seasonal Collection Amin and to pay the salary of the petitioner and further to regularise the service of the petitioner as Collection Amin.

(2.) The version of the petitioner is that he was appointed as Seasonal Collection Amin in the year 1973 and since then he has worked as Seasonal Collection Amin till the year 1994. On 21.5.1995 a seniority list of the Seasonal Collection Amins was prepared by the Committee constituted by the Collector and in the said seniority list, the name of the petitioner finds place at Serial No. 11. On the basis of the aforesaid seniority list, several other candidates were appointed as Collection Amin in the year 1995-96 who were junior to the petitioner. The petitioner has been ignored. He had collected more than 70 per cent of Government dues as directed by the authorities concerned.

(3.) The grievance of the petitioner is that he has not been allowed to function in the year 1997 even as Seasonal Collection Amin. In this respect, the petitioner can make representation and unless there are charges or other cogent reasons, the petitioner should not be deprived of to work as Seasonal Collection Amin, if the work of Seasonal Collection Amin is available.