Heard.
Instant writ petition has been filed for quashing of the order dated 27.02.2021 passed by respondent no.2, a copy of which is Annexure-1 to the writ petition, whereby the case of the petitioner for regularization has been disposed of by contending that as various persons senior to the petitioner are still available for being regularized as such the petitioner cannot be regularized.
Learned counsel for the petitioner while challenging the said order contends that the respondents have drawn up a final seniority list of Seasonal Collection Amins for district Sultanpur, a copy of which has been filed as Annexure-9 to the writ petition, wherein the name of the petitioner finds place at serial no.29 whereby his recovery has been shown as 117 per cent. Learned counsel for the petitioner contends that a specific averment has been made in paragraph 27 of the writ petition that one Sri Karunesh Singh, whose name finds place at serial no.44 in the said seniority list and having lesser recovery than the petitioner i.e. his recovery is 99 per cent, has been regularized along with several other persons vide order dated 23.03.2018, a copy of which has been filed as Annexure-10 to the writ petition. Thus, he contends that the stand taken by the respondents in the impugned order that as various persons senior to the petitioner are still available for being regularized his case cannot be considered for regularization is patently misconceived and reflects patent non-application of mind on the ground that once his junior namely Karunesh Singh has been regularized consequently there cannot be any occasion for non-regularization of the petitioner. Learned counsel for the petitioner also contends that even if the petitioner is more than 45 years of age which is maximum age specified for regularization under the Rules yet the State Government has issued an order dated 22.02.2019, a copy of which is Annexure-14 to the writ petition, wherein it has been specifically provided that those Collection Amins who fulfill all criteria for regularization but could not be regularized on account of maximum age limit of 45 years, their case for relaxation of age can be considered. Placing reliance on the said Government Order, learned counsel for the petitioner contends that even if the petitioner is more than 45 years of age and his junior has already been regularized as such the respondents are duty bound to consider the case of the petitioner for regularization in accordance with regularization rules and considering the age relaxation as has been specified in the Government Order dated 22.02.2019 and thus the impugned order merits to be quashed on this ground alone.
On the other hand, learned Standing Counsel on the basis of averments contained in the counter affidavit though has tried to justify the impugned order by contending that various persons who are senior to the petitioner are still to be regularized yet so far as regularization of junior of the petitioner namely Sri Karunesh Singh is concerned, contends that Sri Karunesh Singh was regularized despite being junior of the petitioner as he was falling within the criteria as specified under the Rules including having age which was below the prescribed maximum age limit i.e. 45 years. He further contends that the regularization of Sri Karunesh Singh was done through an order dated 23.03.2018 and at that time the maximum age limit was still in force which has only been relaxed through the Government Order dated 22.02.2019. He thus contends that regularization of Sri Karunesh Singh was perfectly justified at that stretch of time as the petitioner at that time i.e. in the year 2018 was not entitled for any age relaxation.
Having heard learned counsel for the contesting parties and having perused the records, what is apparent is that admittedly a junior of the petitioner namely Sri Karunesh Singh whose name finds place at serial no.44 in the final seniority list of the Seasonal Collections Amins of the year 2016 has been regularized vis-a-vis the petitioner whose name finds place at serial no.29 in the said seniority list. The ground taken in the impugned order while disposing of the claim of the petitioner for regularization is that various persons senior to the petitioner are still to be considered for regularization. At the same time it is admitted that junior of the petitioner namely Sri Karunesh Singh has been regularized but the petitioner could not be regularized as there was a bar of age which has only been relaxed through the Government Order dated 22.02.2019. Thus, once the age relaxation Government Order has been issued by the State Government there cannot be any occasion for non-consideration of the case of the petitioner for regularization considering that his junior has already been regularized.
In this view of the matter, the impugned order dated 27.02.2021, a copy of which is Annexure-1 to the writ petition, is clearly unsustainable in the eyes of law. Accordingly, the impugned order dated 27.02.2021 is quashed.
Let the competent authority i.e. the District Magistrate, Sultanpur, consider the case of the petitioner for regularization in accordance with the relevant Rules as well as Government Order dated 22.02.2019 within a period of three months from the date of receipt of a certified copy of this order.
The writ petition is accordingly disposed off.
Order Date :- 25.8.2021 A. Katiyar