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Bamb Bahadur Yadav vs Sri Yougesh Kumar District ...

High Court Of Judicature at Allahabad|26 July, 2019

JUDGMENT / ORDER

1. The petitioner has filed Writ Petition No.7662(SS) of 2017 for regularization of his services as Collection Amin.
2. This Court after considering the case of the petitioner and the judgments passed by this Court allowed the aforesaid writ petition on 11.05.2017 inter alia in following terms:-
"When the impugned action is tested on the anvil of the aforesaid judicial precedents, it cannot be sustained accordingly the impugned order (Annexure-1 to the writ petition) is hereby quashed with a direction to the respondents to re-consider the claim of the petitioner strictly in accordance with the observations and judicial precedents referred hereinabove as against any existing vacancy or one which may fall in the near future, but from the date the persons appointed alongwith the petitioner or junior to him may have been considered i.e. in the last selection dated 24.11.2016. Let this exercise, insofar as it relates to the petitioner, be completed with expedition, say within 3 weeks from the date a certified copy of this order is submitted.
Before parting this Court would like to observe that the appropriate course of action in the light of the aforesaid precedents would be to first issue a tentative seniority/eligibility list mentioning therein the recovery made by the Seasonal Collection Amins in the last 4 Faslis, inviting objections from the concerned so as to give them an opportunity to explain as to why recovery was less or raise other pleas which may be otherwise permissible under the said pronouncements and thereafter proceed to finalize the matter and make selection as also regular appointment.
Let a copy of this order be sent to the Principal Secretary (Revenue) so that necessary instructions in this regard be issued, if this practice is not being followed, although on earlier occasions the Court was apprised that in some of the Districts it is being followed, but it appears that not uniformly, therefore, let it be followed, but with uniformity.
The writ petition is allowed in the aforesaid terms."
3. Pursuant to the notice issued in the present contempt petition, Sri Sanjay Sarin, learned standing Counsel has handed over a copy of order dated 25.07.2019 passed by Sub Divisional Magistrate, Musaphir Khana, Amethi appointing the petitioner as Collection Amin and placing him on 2 years probation.
4. Learned counsel for the petitioner submits that in view of the aforesaid order the only direction which remains to be given effect to that he should be given appointment from the date his immediate junior has been regularized on the post of Collection Amin.
5. Sri Sanajy Sarin, Advocate submits that once the petitioner completes the probation period of 2 years, his services would be regularized when his immediate junior was given regular appointment.
6. In view of the aforesaid undertakings, this contempt petition is disposed of as having become infructuous.
Contempt notice stands discharged.
Order Date :- 26.7.2019 prateek
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Title

Bamb Bahadur Yadav vs Sri Yougesh Kumar District ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 July, 2019
Judges
  • Dinesh Kumar Singh