Court No. - 2
Case :- WRIT - A No. - 6476 of 2019 Petitioner :- Shiv Ratan Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Behari Singh,Manish Singh Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner is working as Seasonal Collection Amin. By the instant writ petition, petitioner is assailing the order dated 14 December 2018 communicated on 21 January 2019, passed by the second respondent-District Magistrate, Deoria, whereby, the claim of the petitioner for regularization on the post of Collection Amin has been rejected pursuant to directions issued by this Court in Writ-A No. 35367 of 2016 and Writ-A No. 17598 of 2018 on the ground that the matter pertaining to age relaxation is pending before the State Government and until decision is not taken the claim of the petitioner cannot be considered.
Learned Standing Counsel submits that in Dewaki Nandan and others Vs. State of U.P. and others (Writ-A No. 54923 of 2017), decided on 28 May 2018, the following directions was issued:
"Till such a decision is taken and appropriate guidelines are issued by the State-respondent in conformity with the decision of the Governor, the District authorities are restrained from making selection within the quota for regular appointment as provided under the second proviso as also under the fourth proviso of both the relevant recruitment rules, to the regular post of Collection Amins and Collection Peons.
With the above observations and directions, this bunch of writ petitions is disposed of."
Pursuant thereof, the State Government vide Government Order dated 22 February 2019 has taken a decision to relax the age as a last chance in respect of Seasonal Collection Amin presently working. It is urged that the District Magistrate would have to pass the consequential order in light of the Government Order.
In view thereof, the impugned order dated 14 December 2018, passed by the second respondent-District Magistrate, Deoria, is set aside and quashed. The writ petition is allowed.
The second respondent-District Magistrate, Deoria is directed to pass fresh orders in the light of the Government Order dated 22 February 2019 preferably within four months from the date of filing of the certified copy along with the copy of the writ petition.
It is clarified that the Court has not adjudicated the claim and contention of the parties on merit.
Order Date :- 26.4.2019 Atul