Writ petition challenging regularization of Seasonal Collection Amins dismissed for lack of proof regarding termination of services. Court directed respondent to consider claim if termination is established.
Direction to respondent to consider petitioners' claim regarding termination of services before regularization.
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Court No. - 37
Case :- WRIT - A No. - 37904 of 2016
Petitioner :- Shiv Ram Singh And 2 Ors. Respondent :- State Of U.P. And 6 Ors. Counsel for Petitioner :- Kamlesh Singh Counsel for Respondent :- C.S.C.,Alkesh Singh
Hon'ble Abhinava Upadhya,J.
Heard Sri Kamlesh Singh, learned counsel for the petitioners and Sri Alkesh Singh for the respondent.
By means of this writ petition the petitioners have challenged the regularization list of Seasonal Collection Amins dated 01st February, 2016 on the ground that the such Seasonal Collection Amins have been regularized whose services stood terminated.
Learned counsel for the petitioners has not been able to indicate the name of any particular Seasonal Collection Amin whose services stood terminated on that date.
Learned Standing Counsel on the other hand submits that no junior to the petitioners have been regularized, as under the Rules 85% posts are required to be filled by promotion from amongst the senior most Seasonal Collection Amins on the basis of their seniority. He further submitted that as and when the petitioners attain their seniority, their claim will also be considered in accordance with law. A counter affidavit to that effect has already been filed.
Under the facts and circumstances of the case, the writ petition is disposed of with the direction upon the respondent no. 2 (District Magistrate, Mainpuri) to consider the claim of the petitioners in accordance with law, in case they establish before him termination of services of any of the Seasonal Collection Amin prior to regularization, whose names have been included in the list.
Order Date :- 13.11.2019 Pkb/
1 issue framed by the court
Whether writ petition challenging regularization of Seasonal Collection Amins whose services allegedly terminated later deserves a direction upon respondent to consider claim.
Shiv Ram Singh And 2 Ors.
State Of U.P. And 6 Ors.
Abhinava Upadhya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
