Hon’ble Sudhir Agarwal, J.—Heard learned Additional Chief Standing Counsel for appellants and Sri Dharmendra Kumar Tripathi, learned counsel for petitioner-respondents.

2. This Intra Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as ‘’Rules, 1952') has arisen from judgment dated 22.3.2017 in writ petition No. 11895 of 2017 whereby learned Single Judge has disposed of writ petition.

3. With the consent of learned counsel for parties, we have proceeded to hear and decide appeal at this stage, under the Rules.

4. Petitioner-respondent, Jaswant Kumar filed writ petition No. 11895 of 2017 seeking a mandamus commanding Board of Revenue, Lucknow to accord permission to recommendation of District Magistrate, Jaunpur in respect of relaxation in the age of petitioner-respondents for regularization on the post of Collection Amin as per Seniority List, 2012 and Government Order (hereinafter referred to as “G.O.”) dated 10.11.2000 read with other G.Os. dated 30.5.2008, 26.2.2014 and 1.10.2015. He also sought a further mandamus commanding respondents to regularize petitioner-respondents on the post of Collection Amin from the date his Juniors were regularized with all consequential benefits.

5. Brief facts stated in the writ petition are, that, petitioner-respondent was employed as Seasonal Collection Amin in 1995 and required to work at Tehsil- Mariyahun, District-Jaunpur. Recruitment, appointment and other conditions of service of Collection Amin are governed by Rules framed under proviso to Article 309 of Constitution of India titled as U.P. Collection Amin Service Rules, 1974 (hereinafter referred to as ‘’Rules, 1974'). A Seniority list was published in 2012 of all Seasonal Collection Amins in which petitioner-respondents was shown at Sl. No. 74. G.O. dated 10.11.2000 was issued giving regularization to all Seasonal Collection Amins for substantive appointment of Collection Amin up to the completed age of 45 years. Similar relief was granted by subsequent a G.O. dated 30.5.2008. Vide G.O. dated 26.2.2014, all concerned authorities were directed to make substantive appointment under Rules, 1974.

6. Rules, 1974 were amended by Seventh Amendment on 1.10.2015 providing that total 85% vacancies shall be filled in as one time measure, from Seasonal Collection Amins. Order dated 2.11.2018 for compliance was issued by Deputy Secretary, Government of U.P., Lucknow to Commissioner and Secretary, Board of Finance, U.P., Lucknow. In different districts, several persons were accordingly regularized. However petitioner-respondent was not considered for regularization. He alongwith others filed writ petition No. 42228 of 2016 (Ram Ajab Yadav and 14 others v. State of U.P. and 3 others) which was disposed of vide judgment dated 6.9.2016, directing District Magistrate, Jaunpur to decide claim of petitioner in the light of G.O. dated 4.8.2008 and in accordance with seniority list of 2012. District Magistrate, Jaunpur passed order dated 19.12.2016 selecting petitioner-respondent and others for substantive appointment as Collection Amin. However petitioner was not given substantive appointment/regularization as Collection Amin, hence he filed above writ petition which has been disposed of by learned Single Judge, directing Principal Secretary to take final decision in the matter of grant of age relaxation to petitioner-respondent in accordance with law.

7. Learned counsel for appellant contended that under Rules, 1974, age is prescribed and Rules relating relaxation of a rules pertaining to rules of Recruitment and there is no provision under Rules for relaxation of such provisions, hence question of relaxation does not arise.

8. Learned counsel for petitioner-respondents, on the contrary, submitted that since such relaxation was allowed in the past, therefore, it cannot be denied to petitioner.

9. Date of birth of petitioner admittedly is 2.4.1957 which is evident from Annexure-17 to writ petiti