LAWS(ALL)-2009-12-46

RAMESH KUMAR SRIVASTAVA Vs. STATE OF U P

Decided On December 23, 2009
RAMESH KUMAR SRIVASTAVA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -Heard Sri I.M. Tripathi for the petitioner and learned Standing Counsel for the respondents.

(2.) The petitioner is aggrieved by the order dated 9.1.1997 passed by Addl. District Magistrate (Finance & Revenue), Allahabad deleting the name of the petitioner from the seniority list of Seasonal Collection Amins prepared under UP. Collection Amin Service Rules, 1974 (hereinafter referred to as "1974 Rules") for the purpose of considering Seasonal Collection Amins for substantive appointment on the post of Collection Amin in 35% quota meant for Seasonal Collection Amins. The ground of deletion of name of the petitioner from the seniority list is that percentage of recovery shown by him was found fictitious.

(3.) Learned counsel for the petitioner contended that neither before passing the impugned order, any opportunity or show cause notice was given to the petitioner nor for the purpose of seniority list, the percentage of recovery, according to him, has any relevancy and the reason assigned by the respondents for deleting his name from the seniority list is wholly irrelevant, irrational and arbitrary.