Court No. - 34
Case :- WRIT - A No. - 64638 of 2005 Petitioner :- Lalta Prasad and others Respondent :- State of U.P. and others Counsel for Petitioner :- Satish Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard learned counsels for parties and perused the record.
2. Petitioners were engaged as Seasonal Collection Peons as stated in para 3 with effect 01.01.1976, in para-4 with effect from 11.02.1978 and as stated in para-5, with effect from 01.01.1976 and have filed this writ petition seeking a writ of mandamus directing respondents to consider them for regularization on the post of Collection Peon in accordance with law.
3. Rule 5 of U.P. Collection Peon's Service Rules, 2004 (hereinafter referred to as "Rules 2004") provides for sources of recruitment and says that fifty per cent recruitment shall be made by "direct recruitment" through Selection Committee and fifty per cent shall be made from amongst "Seasonal Collection Peon". However, in the case in hand there is no averment that within the prescribed quota, there was any vacancy in which petitioners ought to have been considered for substantive appointment but not considered.
4. Counsel for petitioner placed reliance on U.P. Regularisation of Ad Hoc Appointments (on Posts Outside the Purview of the Public Service Commission) Rules, 1979 (hereinafter referred to as “Rules, 1979”) but the said Rules are not applicable to seasonal engagements and the same are applicable when a person is employed on ad hoc basis.
5. Further, record shows that petitioners-1, 2 and 3 have attained age of superannuation and retired on 30.06.2011, 31.07.2008 and 30.06.2008 respectively and petitioner-4 died on 21.06.2010. Therefore, even otherwise, no relief can be granted at this stage.
6. Dismissed.
Order Date :- 14.9.2018 PS