Court No. - 38
Case :- WRIT - A No. - 14791 of 2019 Petitioner :- Ram Naresh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jata Shankar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners claim to be working as Seasonal Collection Amin since 2008 onwards. As per averments made in the writ petition, petitioners have been allowed to continue for nearly 11 years but all of a sudden the authorities have discontinued petitioners' engagement without passing any specific order. In para 13 of the writ petition it is stated that pursuant to certain directions issued by this Court for regularizing the services of Seasonal Collection Amin, the State Government has discontinued engagement of junior persons so long as seniors are not regularized. It is stated that there is no direction of the Court to discontinue engagement of juniors, and therefore, the impugned action is bad in law.
Learned Standing Counsel states that the State's action of not engaging juniors till seniors are considered for regularization is in accordance with law and no interference is required.
From the facts placed on record it does appear that persons senior to petitioners are already available and their claim for regularization is being examined and that since seniors are available, as such there would be no reason to give preference to the juniors overlooking claim of senior persons. It is only when work remains available even after considering claim of regularization of seniors that occasion would arise for the respondents to engage petitioners also.
In view of the above, this writ petition stands disposed of with a direction upon the District Magistrate, Etah to ensure that persons who are senior to petitioners are considered for regularization in accordance with applicable provisions of law and in case even thereafter necessity arises to engage surplus persons then petitioners would be engaged in accordance with their seniority maintained by the department.
It goes without saying that no new persons would be engaged so long as petitioners and similarly placed persons with substantial length of service are available. Necessary orders in that regard would be passed within a period of three months from the date of presentation of certified copy of this order. The authorities shall ensure that works are allotted to Seasonal Collection Amins on the basis of their respective seniority.
Order Date :- 26.9.2019 Ashok Kr.