Court No. - 58
Case :- WRIT - A No. - 20046 of 2018 Petitioner :- Devendra Kumar Respondent :- District Magistrate, Etawah And 2 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard the learned counsel for the petitioner and the learned Standing Counsel.
The petitioner is working as Seasonal Collection Peon and has filed the present writ petition praying that he should be appointed or absorbed on the post of Collection Peon under Rule 5 of the Uttar Pradesh Collection Peon Services Rules, 2004.
The petitioner contends that he has put in 19 years of service as Collection Peon and that he is entitled to be absorbed for the post of Collection Peon under the aforesaid Rules.
Learned Standing Counsel states that the claim of the petitioner for regularization on the post of Collection Peon was considered by the Selection Committee, in the year 2009 and, that the petitioner was not found fit for regularization. The respondents further contend that since 2009 no Selection Committee has been formed in view of the fact that the State Government had imposed a ban on the appointment of Class-IV posts and, consequently, the claim of the petitioner at the present moment cannot be considered till such time the ban is not lifted.
Having heard the learned counsel for the parties, the Court is of the opinion that the State Government cannot impose a blanket ban by an administrative order bringing to nought the Rules which have a statutory force of law. The Rules provide that the vacancies on the post of Collection Peons are required to be filled up from amongst Seasonal Collection Peons. There are vacancies existing on the post of Collection Peon and the respondents are under a mandate under the Rules to fill up these posts. The State Government by an executive fiat, cannot impose a blanket ban, and allow it to continue indefinitely. In the opinion of the Court such imposition of a ban order, issued 08 years ago, has lost its efficacy.
In the light of the aforesaid, this writ petition stands disposed of. A writ of mandamus is issued commanding the Competent Authority to take steps to fill up the vacancies of Collection Peons, in accordance with Rule 5 of the Rules of 2004, within four months from the date of production of a certified copy of this order.
Order Date :- 18.9.2018 n.u.