Court No. - 2
Case :- WRIT - A No. - 6721 of 2019 Petitioner :- Keshav Dev Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Sharma Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Petitioner claims to have been appointed against leave vacancy as seasonal collection amin on 5 April 1995. The services of the petitioner came to be terminated on 17 June 1995 by the Deputy Collector Collection Trade Tax, Agra. Aggrieved, petitioner assailed the order by filing a petition being Writ-A No. 17270 of 1995, wherein, the interim order came to be passed, subsequently, the writ petition came to be dismissed on 21 November 2012, wherein, it was noted that since the petitioner was appointed on leave vacancy for a limited period petitioner does not get any vested right on the post in question. The judgment and order was subjected to challenge in appeal. The appeal came to be dismissed on 26 February 2013.
Learned counsel for the petitioner submits that thereafter, the respondents continued to take the services from the petitioner, but the petitioner was not regularized. Petitioner again approached this Court by filing a petition being Writ-A No. 17674 of 2018 which came to be disposed of on 20 August 2018 directing the competent authority to consider the case of the petitioner for regularization. By the impugned order dated 1 December 2018 passed by the second respondent, Joint Commissioner Executive Commercial Tax Agra Region, Agra, the claim of the petitioner for regularization on the post of collection amin has been rejected noting therein that the appointment of the petitioner was terminated way back in 1995 and the petitioner continued on the strength of an interim order, however, later on, the writ petition and consequent appeal of the petitioner also came to be dismissed.
In the circumstances, the petitioner's claim for regularization for treating the services rendered upon dismissal of the writ petition cannot be considered.
On specific query, learned counsel for the petitioner failed to point out any illegality, infirmity or jurisdictional error in the impugned order.
The writ petition being devoid of merit is accordingly dismissed.
Order Date :- 30.4.2019 K.K. Maurya