Allahabad High Court
Raj Kumar Yadav And Another vs State Of U.P. & Others on 9 August, 2010
Bench: Sunil Ambwani, Kashi Nath Pandey
Court No. - 32 Case :- SPECIAL APPEAL DEFECTIVE No. - 993 of 2008 Petitioner :- Raj Kumar Yadav And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- A.C. Tiwari Respondent Counsel :- C.S.C. Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
Heard Sri A.C. Tiwari, learned counsel for the appellants. Learned standing counsel appears for the respondents.
This Special Appeal has been filed by the appellants with the delay of 65 days. Explanation given for condoning the delay is sufficient.
The delay is condoned and the appeal was heard.
The counsel for the appellants-petitioners submits that learned Single Judge has not read the entire order of the District Magistrate dated 19.11.2006, in recording the findings that the petitioners were engaged and had worked as seasonal collection amin for the period from 30.12.1992 to 15.2.1993, and thus the petitioners cannot be regularized. He submits that 35 % vacancies of collection amins are to be filled up from seasonal collection amins, provided they had worked for four seasons, satisfactorily and that the age does not exceed 45 years on the date of selection.
Rule 17 (A) of the U.P. Collection Amins Rules, 1974, provides for preparation of a list of seasonal collection amins who have worked satisfactorily at least for four seasons in order of seniority.
Learned counsel for the appellants submits that the appellants-petitioners had annexed certificates given by the Office of the District Magistrate, Kanpur Dehat verifying that the petitioner Raj Kumar Yadav had worked from 30.12.92 to 14.2.1993, from 23.2.1993 to 31.3.1993, from 8.6.1993 to 15.8.1993, from 27.1.1994 to 31.03.94 and from 28.7.1994 to 10.08.1994 as Seasonal Sahayak Wasil Baki Navis. He also produced certificate of extension of his seasonal service from 1.3.96 to 31.3.1996, from 27.1.1998 to 30.09.1998 and from 11.11.1998 to 24.2.1999, and copies of experience certificate issued by the Administrative Officer of the Office of District Magistrate, Kanpur Dehat certifying that the petitioner Raj Kumar Yadav had worked as seasonal collection amin from 7.5.1999 to 15.7.1999 and thereafter from 7.1.2000 to 31.3.2000.
The petitioner-appellant no.2 -Virendra Singh has annexed copies of order of the Office of District Magistrate dated 30.12.1992, 23.2.1993, 7.6.1993 25.1.1994, 27.1.1994 in respect of his engagement as seasonal collection employee.
Prima facie, we have satisfied that the learned Single Judge has not considered the certificates 27.3.1992 (Annexure-1) and 3.4.1997 and 10.8.2006 (Annexure-2) and the orders of the Office of the District Magistrate, Kanpur Dehat regarding engagement of the appellants, which entitled him of consideration for regularization as seasonal collection amin.
Learned counsel for the appellants would submit that apart from working for four seasons, the petitioner's recovery were upto 70 % and that his work and conduct was satisfactory.
The District Magistrate in pursuance to the directions of this court dated 16.1.1995 considered that the petitioners had worked from 30.12.1992 to 15.2.1993. Although he had referred to the subsequent engagement but he did not consider the period subsequent to 15.2.1993 and did not compute it, for the purpose of regularization.
There is an apparent error on the face of the record for which it is not appropriate to send the matter back to the learned Single Judge.
The Special Appeal is consequently allowed. A writ of mandamus is issued to the District Magistrate to take into account entire period of seasonal work of the petitioners- appellants for the purposes of considering them for regularization, subject to his satisfactory work and performance upto the standard fixed by the State Government. The required consideration shall be made within a period of three months from the date a certified copy of this order is produced before the District Magistrate.
Order Date :- 9.8.2010 nethra