Court No. - 58
Case :- WRIT - A No. - 27420 of 2012 Petitioner :- Arun Kumar Tiwari Respondent :- State Of U.P.Thru.It'S Prin.Secy. And Others Counsel for Petitioner :- Ramesh Chand Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Order dated 24th February, 2011 passed by the Additional District Magistrate, Jaunpur rejecting petitioner's claim for being absorbed on the post of Collection Peon is challenged in this petition.
It appears that for the same grievance the petitioner had earlier approached this Court by filing Writ Petition No. 44771 of 2009 which came to be disposed of on 3rd January, 2011 with a direction upon the concerned authority to examine petitioner's grievance regarding absorption on the post of Collection Peon in accordance with Seasonal Collection Peon Rules, 2004. It is pursuant to this direction that petitioner's claim has been considered but no relief has been granted to him on the ground that seniority list itself is proposed to be modified.
It appears that a seniority list was drawn in the year 2003 wherein petitioner's name also figured but his claim for absorption was not considered. While rejecting petitioner's claim the Additional District Magistrate has observed that persons who have been regularized have worked for a longer period and as the turn of petitioner had not yet arrived in terms of the seniority list, therefore, his claim has not been considered.
During the pendency of the writ petition a fresh seniority list appears to have been drawn wherein the petitioner's name figure at serial no. 74.
A supplementary counter affidavit has been filed wherein it is stated that persons up to serial no. 67 alone have been considered for absorption while petitioner's name appears at serial no. 74. It is also stated that as and when the turn arrives, the claim of petitioner would also be examined.
It is not in issue that a period of nearly two years has expired since then. It further appears that persons placed at serial no. 95 and 97 have already been considered for regularization, ignoring the claim of the petitioner. The order dated 13th June, 2017 passed in respect of other persons who are below the petitioner in the seniority list has also been brought on record.
From the materials which have been placed before the Court, it appears that petitioner's claim for regularization/ absorption in accordance with the Seasonal Collection Peon Rules, 2004, as amended from time to time, is yet to be examined by the authority concerned. Once persons below the petitioner in seniority list have been considered there would be no justification in denying similar consideration to the petitioner.
In that view of the matter this petition stands disposed of with a direction upon respondent no. 3 to examine petitioner's claim for absorption on the post of Seasonal Collection Peon within a period of three months from the date of presentation of certified copy of this order. In case claim of regularization has been considered of other persons who are below the petitioner in the seniority list drawn in the year 2003 or in the year 2012 then the authorities shall consider petitioner's claim for absorption from the date his juniors have been granted such benefits.
Order Date :- 27.11.2018 Nadeem Ahmad