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2015 Supreme(All) 3558

ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Vinod Kumar Sharma and Ors. - Appellant
Versus
State of U.P. and Ors. - Respondent
C.M. Review Application No. 323150 of 2014 in Writ A. No. 76642 of 2011
Decided On : 02-07-2015

Advocates Appeared:
For the Appellant : S.K. Mishra and D.S. Khan
For the Respondents: C.S.C. and Jai Prakash Rai

Headnote:

Regularization - Collection Amin Services - U.P. Collection Amins Services Rules, 1974 (as amended in 1992) - Rule 5

Fact of the Case:

The case involved the regularization of services of Seasonal Collection Amins in district Varanasi. The petitioners challenged the selection list dated 22.11.2011, arguing that the recovery calculation for the candidates was incorrect.

Finding of the Court:

The court found that the selection list dated 22.11.2011 was illegal and quashed it. However, there was an error in the judgment mentioning Annexure-11, which was corrected. The court directed the District Magistrate to re-examine the appointments of eligible persons within three months.

Issues: The main issue was the calculation of recovery for Seasonal Collection Amins and the legality of the selection list dated 22.11.2011.

Ratio Decidendi: The recovery calculation for Seasonal Collection Amins should include the amount deposited by defaulters directly in the treasury or concerned department/bank after the issue of recovery citation. The court also applied the principle of merger as per the judgments in Kunhayarnmed v. State of Kerala and MRF Ltd. v. Manohar Parrikar.

Final Decision: The review application was allowed, and the order dated 12.7.2013 was recalled. The judgment dated 13.3.2013 was corrected, and the District Magistrate was directed to re-examine the appointments of eligible persons within three months.

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Sri Rakesh Pandey, along with Sri A.K. Tripathi, and Sri A.K. Sinha, Standing Counsel, for the review applicants/respondents and Sri V.K. Srivastava, Sri D.S. Khan and Sri R.M. Saggi, in opposition of review application, for the petitioners. Writ-A No. 76642 of 2011 was filed by Vinod Kumar Sharma and Chandrama Singh Yadav, for quashing the order of District Magistrate, Varanasi, dated 22.11.2011, regularizing services of Manoj Kumar, Rajesh Kumar, Anand Prakash Srivastava, Ajay Kumar Srivastava, Nitesh Kumar Singh, Sudhir Kumar Pandey and Manoj Kumar on the post of Collection Amin. Writ-A No. 71829 of 2011 was filed by Deependra Kumar Srivatsava, for quashing order of District Magistrate, Varanasi, dated 22/23.11.2011, regularizing services of Nitesh Kumar Singh, Sudhir Kumar Pandey and Ajay Kumar Srivastava, on the post of Collection Amin. Writ-A No. 75164 of 2011 was filed by Rajendra Kumar Gupta, Doodh Nath, Karunesh Bahadur Srivastava, Jitendra Kumar Rai, Ram Narain Yadav, Abdul Haseen Siddiqui and Ramesh Kumar Gupta for quashing order of District Magistrate, Varanasi, dated 22/23.11.2011, regularizing services of Nitesh Kumar Singh, Sudhir Kumar Pandey and Ajay Kumar Srivastava, on the post of Collection Amin. Writ petitions were consolidated and heard together and allowed by order dated 13.3.2013 and order of District Magistrate, dated 22.11.2011 was set aside and District Magistrate, Varanasi was directed to consider the petitioners and other candidates for regularization on the post of Collection Amin, according to eligibility list (Annexure-11) to Writ-A No. 76642 of 2011.

2. Thereafter, the petitioners of Writ-A No. 75164 of 2011 and the petitioner of Writ-A No. 71829 of 2011 filed applications for correction of order dated 13.3.2013, through their Counsel, Sri Vinod Kumar Srivastava, Advocate. In prayer clause of the correction applications, a long prayer was made but during arguments, it was argued that in paragraphs-9 and 10 of judgment dated 13.3.2013, in place of Annexure-11, Annexure-5 be written, as it was a typographical error. Bona fide relying upon statement of the Counsel that due to typographical error, number of annexure has been wrongly mentioned, correction applications were allowed. Now, Ajay Kumar Srivastava and Nitesh Kumar Singh have filed this application for review of the aforesaid order.

3. In order to appreciate, the controversy raised in review application, the facts of the cases are required to be mentioned again. There were total 150 sanctioned posts of Collection Amins, in Collectorate of district Varanasi. According to Rule 5 of U.P. Collection Amins Services Rules, 1974 (as amended in 1992), 35% of total posts have to be filled up by regularization of Seasonal Collection Amins, (i) who have satisfactorily worked for four crop seasons (ii) who have not attained age of 45 years. The word "satisfactory work" has been defined as good conduct from beginning to end of service and 70% recovery in last four crop seasons.

4. In the year 2011, there were total 32 vacancy of the quota of Seasonal Collection Amins, out of which 8 posts were reserved for Schedule Castes, 6 posts were reserved for 'Other backward Classes' and 18 posts for General category. District Magistrate directed for regularization of services of Seasonal Collection Amins on the aforesaid posts. Officer In-charge (Collection) wrote letters dated 12.5.2011 to Sub-Divisional Magistrates of the district to submit their reports for regularization in prescribed proforma. Recovery details of four crop seasons were prescribed as (i) Rabi crop of 1415 F, (ii) Kharif crop of 1416 F, (iii) Rabi crop of 1416 F and (iv) Kharif crop of 1417 F. On the basis of reports submitted by all Sub-Divisional Magistrates of the district, a list of total 103 candidates was prepared, giving particulars of seniority numbers also of the candidates (filed as Annexure-11 to Writ-A No. 76642 of 2011). Selection Committee






















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