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2014 Supreme(All) 662

SUDHIR AGARWAL
KRISHNA PAL SINGH CHAUHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Birendra Singh and Ajay Singh for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—By this petition, petitioner is seeking a writ of mandamus directing the respondent No. 4 to appoint him as regular Collection Amin. Admittedly, he was appointed as seasonal Collection Amin. After completion of more than seven years of service as seasonal Collection Amin, petitioner made representation before the respondent authorities for regularization of his service as Collection Amin under the U.P. Seasonal Collection Amin Rules, 1974.

2. The seasonal Collection Amin is not entitled for regularization as no such statutory provision has been shown to this Court. On the contrary, under Rule 5 of U.P. Collection Amins Service Rules, 1974 (hereinafter referred to as “Rules 1974”)there is a quota prescribed for seasonal Collection Amins to be considered for substantive appointment on the post of Collection Amins. There is neither any pleading nor any material placed on record to show that the vacancy of Collection Amins in the quota of seasonal Collection Amin was available or that the petitioner was within the zone of consideration and fulfilled eligibility conditions but was not considered for substantive appointment and a person junior to him ha










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