The High Court directed the petitioners to make a representation to the District Magistrate regarding their claim for regular appointment as Collection Peons. The matter was disposed of without adjudication on merits.
Directed petitioners to make representation to District Magistrate, Sambhal, for decision within three months.
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Court No. - 74 Case :- WRIT - A No. - 10512 of 2020 Petitioner :- Bhai Singh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashvani Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard Sri Ashvani Tripathi, learned counsel for the petitioners and learned Standing Counsel for the contesting respondents.
By means of this petition under Article 226 of the Constitution, the petitioners have prayed for a writ of mandamus commanding respondent no. 3 to consider the claim of the petitioners for regular appointment as Collection Peons as per the U.P. Collection Peons Service Rules, 2004.
It is argued that in the district where the petitioners are working and claiming regular appointments there are total number of 16 vacancies, however, the recruitment process has yet not been started and therefore, neither the direct recruitment could be made nor, the regularization of the Seasonal Collection Amins have been considered till date.
Learned Standing Counsel at this stage submits that the matter in the first instance may be directed to be examined by the District Magistrate concerned.
In view of the above, the petitioners are directed to make an appropriate representation before the competent authority namely the District Magistrate, Sambhal to look into their grievance and take appropriate decision strictly in accordance with law under the relevant rules. The decision shall be taken by means of reasoned and speaking order as expeditiously as possible, preferably within a period of three months from the date of production of copy of this order. It is however, clarified that this Court has not adjudicated upon the merits of the claim of the petitioners.
The copy of the order available on official website of this Court shall be treated to be genuine one, however, as and when the certified copy of the order is issued, the same shall also be submitted before the competent authority.
With the aforesaid observations and directions, the writ petition stands disposed of .
Order Date :- 9.12.2020 IrfanUddin
2 issues framed by the court
Whether the petitioners are entitled to regular appointment as Collection Peons.
Whether the recruitment process for the claimed vacancies should be reconsidered.
Bhai Singh And 4 Others
State Of U.P. And 3 Others
Ajit Kumar
As recorded by the court registry
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