Hon’ble Ajit Kumar, J.—The petitioners, who were initially appointed as a Seasonal Collection Amin, a temporary cadre created by the respondent-State, have questioned the order passed by the Collector/District Magistrate, Gorakhpur dated 27th November, 2009 by means of this writ petition. By the impugned order petitioners’ claim qua regular appointment within 35% quota reserved under U.P. Collection Amins’ Service Rules, 1974 (for brevity ‘Rules, 1974’), has been rejected.

2. The factual matrix of the case is that after the amendment in the Rules, 1974 vide notification dated 23rd October, 1992, 35% of the posts of Seasonal Collection Amins were directed to be filled in from amongst the Seasonal Collection Amins. Thus, for 35% of the vacancies, the Seasonal Collection Amins cadre became a feeding cadre. Accordingly, the petitioners, who were appointed prior to the amendment became entitled to be considered for regular appointment as Seasonal Collection Amin under the Rules, 1974.

3. In order to make appointments without disturbing seniority even in the feeding cadre, the Board of Revenue, U.P., Lucknow issued a Circular dated 25th February, 1995 for preparation of the seniority list of Seasonal Collection Amins district-wise. On 26th April, 1995, the seniority list was prepared of the Seasonal Collections Amins and these Seasonal Collection Amins were placed in order of merits in the category ‘A’, ‘B’ and ‘C’. The petitioner Nos. 1, 2 and 3 were placed at serial No. 25, 23 and 13 respectively in category ‘A’ of the seniority list declared on 26th April, 1995. It is also worth noticing that the average work performance of collection revenue was adjudged to be 82%, 72% and 79% respectively in respect of the petitioners. The combined seniority list of Seasonal Collection Amins of district-Gorakhpur in the category ‘A’, ‘B’ and ‘C’ with reference to their respective merits of performance has been filed as Annexure-3 to the writ petition.

4. One Akhilesh Kumar alongwith other persons who did not find place in the seniority list (supra) made some representation with the District Magistrate who on their representation passed the order on 19/20th July, 1997 directing Additional District Magistrate (Finance and Revenue), Gorakhpur not to make any appointment until new seniority list is prepared. In the meanwhile, one Kripa Shanker s/o Markande Shukla filed a writ petition before this Court bearing No. 23684 of 1997 seeking directions for being appointed as Seasonal Collection Amin on the basis of his work and performance and this Court disposed of his writ petition vide order dated 14th June, 1997 directing the Collector to pass appropriate order in the light of an amendment brought in 1974 Rules, vide notification dated 23rd October, 1992. In compliance of the order of this Court passed in Writ Petition No. 23684 of 1997, the Collector considered the claim of Kripa Shanker and on the basis of his performance which was below 59% observed that he can be placed in ‘C’ category and, therefore, he being not eligible, cannot be appointed as Seasonal Collection Amin. It is worth mentioning here that neither under the order dated 19/20th July, 1997 nor, under the order dated 5th December, 1997, the Collector/District Magistrate passed any order either for cancellation of existing seniority list or for preparation of a fresh seniority list.

5. Considering the seniority list of the year 1995, serial No. 1 to 4 were given regular appointment of Collection Amin on 1st June, 1995 but thereafter no further appointments were being made and the department proceeded to make fresh selection from open market ignoring the claim of Seasonal Collection Amins whose name found placed in the seniority list.

6. Under the circumstances, the petitioners alongwith other Seasonal Collection Amins represented before the Collector, Gorakhpur. The additional Collector (Finance and Revenue), Gorakhpur passed an order on 3rd October, 2002 informing the present