The petitioner is said to have been appointed as Assistant Wasil Baki Nawis under the respondents. On 12.5.1988, the rules for regularization of such employees known as UP District Officers (Collectorate) Ministerial Service (Second Amendment) Rule, 2011 came into force on 26.5.2011. The petitioner herein filed a writ petition earlier seeking consideration for regularization, wherein directions were issued and in pursuant to which his case has been considered and the same has been rejected by means of the impugned order dated 21.9.2012 on the ground that considering the fact that he has worked for 19 faslies relaxation of 9-years six months alone is permissible in the maximum age limit prescribed under the Rules, but even after such relaxation as he was over age, his candidature has been rejected.
Learned counsel for the petitioner submits that consequently the petitioner has submitted a representation dated 4.2.2013 to the ADM (Admin), Etah pointing out that law while calculating the number of faslies in which the petitioner has worked some faslies in which the petitioner had worked had been left out. This fact has been mentioned in paragraph no. 7 of the said representation, a copy of which is annexed as Supplementary Affidavit - 1 to the supplementary affidavit filed before this court on 2.6.2013.
Learned counsel for the petitioner submits that in the light of the above, the respondents are under an obligation to re-consider the case of the petitioner, as, if the aforesaid faslies are taken into consideration, his case would be covered by the rules on the relevant dates and he would be regularized.
In view of above, without adjudicating the merits of the assertion made by the the petitioner herein, the writ petition is disposed of with a direction to the District Magistrate, Etah ( Respondent no. 2 ) to reconsider the case of the petitioner in the light of the assertion made by him in his representation dated 4.2.2013 addressed to ADM (Admin), Etah and decide the same by a reasoned and speaking order within a period of two months from the date a certified copy of this order is produced before him. Impugned order shall abide by the fresh decision to be taken by respondent no. 2 as aforesaid.
Order Date :- 5.11.2014 SKS