Petitioners have approached this Court challenging an order passed by Sub Divisional Magistrate, Mirzapur, dated 8.2.2013, which records that their names are placed in blacklist as Seasonal Collection Amins with whom they were attached have submitted their reports, as per which petitioners are not rendering assistance to them for recovery.
Perusal of the records would go to show that petitioners have been working as Seasonal Collection Peon since 1996 and their names were duly recorded in the list of Seasonal Collection Peon maintained for the district concerned. It appears that the engagement of petitioners have been discontinued on the basis of reports submitted by the Seasonal Collection Amins.
The order impugned is assailed on the ground that no opportunity of hearing has been given to the petitioner before passing the order and that there exists no provision whereunder petitioners could be placed in blacklist without conducting any disciplinary action.
Learned Standing Counsel, on the other hand, submits that petitioners were not the regular employees, and therefore, regular disciplinary proceedings against them would not be warranted.
Although petitioners are not substantively appointed regular employees, yet it is found that they are continuing since long. They were placed in the seniority list maintained by the respondents and were being allotted work as per their seniority. Their names from the seniority list could not be struck off in the manner as has been done herein, without affording them a minimum opportunity to respond to the comments submitted by the Seasonal Collection Amins. Even if detailed disciplinary proceedings are not warranted, yet, a reasonable opportunity was required to be given to the petitioners in response to the comments submitted by the Amins. Since no such procedure has been followed, therefore, the order impugned cannot be sustained.
Consequently, the order dated 8.2.2013 is quashed. It shall be open for the concerned Sub Divisional Magistrate to afford an opportunity of hearing to the petitioner in the matter and to proceed afresh in accordance with law, by passing an appropriate reasoned order, within a period of two months from the date of presentation of certified copy of this order. It is also observed that in case petitioners are otherwise found entitled to be considered for regularization their claim would be dealt with in light of the observations made by this Court in Writ Petition No.54923 of 2017 (Devki Nandan and others vs. State of U.P. and others) as also the consequential Govt. Order issued on 22.2.2019.
Writ petition stands allowed.
Order Date :- 26.11.2019 Ashok Kr.