Hon’ble Ajit Kumar, J.—Heard learned counsel for the parties.

2. The brief facts of the case are that petitioner who was working as Seasonal Collection Amin at Tehsil Dadari District Gautam Budh Nagar was initially appointed on 3rd January, 1981 as a Seasonal Collection Amin. On account of death of regular Collection Amin, Rajendra Pathak, vacancy fell substantively vacant and accordingly petitioner was given substantive appointment by the order of Sub Divisional Magistrate on 31st July, 1989. A select list of the candidates of the Seasonal Collection Amin prepared for the purpose of giving substantive appointment against 35 per cent quota reserved for appointment from Seasonal Collection Amin to Regular Collection Amin and name of the petitioner figures at 18 of the select list which has been appended as Annexure-2 to the writ petition. Pursuant to the appointment, petitioner joined his services as Collection Amin. While petitioner was discharging his duties, another order was issued from office of the Collector/District Ghaziabad under the signatures of the Incharge Officer (Collection), Ghaziabad, in which proposal was mooted that one Jai Prakash who was working as tempo