Court No. - 33
Case :- WRIT - A No. - 7190 of 2021 Petitioner :- Mohammad Afzal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
The writ petitioner has approached this Court for a direction upon respondents to consider his claim for regularization on the post of Collection Amin. It is alleged that the petitioner has been working since 1994.
Petition is opposed by the learned Standing Counsel.
Perusal of the record goes to show that the petitioner along with 17 others approached this Court by filing Writ Petition No. 38556 of 1999, in which the termination order dated 28.08.1999 was quashed and a direction was issued to the District Magistrate, Mathura to make appropriate enquiry regarding appointment of the petitioners as Seasonal Collection Amin and as Collection Amin, and to pass a fresh order in that regard. Allegation that petitioners had obtained appointment on the basis of the forged documents was also required to be examined.
The records further reveal that a detail enquiry was conducted by the Additional District Magistrate (F&R) Mathura, who submitted its report on 06.12.2005. Based upon such inquiry, the District Magistrate, Mathura passed an order on 06.12.2005 rejecting petitioner's representation and also directing that recovery etc. to be made from the petitioner. This order of the District Magistrate has not been challenged. There is no averment that, after passing of aforesaid order by the District Magistrate, the petitioner was ever engaged.
Writ petition, in such circumstances, would not lie for a direction upon the District Magistrate to consider petitioner's representation for regularization, once his engagement itself has been discontinued by an specific order in the year 2005, which was not challenged.
The writ petition is wholly misconceived and is dismissed accordingly.
Order Date :- 28.7.2021 Pkb/