The Allahabad High Court on Tuesday directed the Prayagraj District Magistrate to appear on September 30 with an explanation as to why the petitioner has been denied the right of claim by not taking action to regularize the Seasonal Collection Amin despite the committee’s recommendation.
A Single Bench of Justice Saral Srivastava passed this order while hearing a petition filed by Bhuneshwar Prasad Tiwari.
In Pursuant to the order passed by the Court on September 23, 2021, Monika Arya, Additional Chief Standing Counsel on instruction, which is taken on record, submits that 35% post of Collection Amin is to be filled up from amongst Seasonal Collection Amin.
She states that there are total sanctioned strength of Collection Amin is 218 out of which, 76 vacancy falls within 35% quota, which is to be filled in by Seasonal Collection Amin, whereas at present, 86 Seasonal Collection Amin against 76 sanctioned post under the said 35% quota are working.
Siddharth Khare, Counsel for the petitioner submitted that regularization exercise was undertaken in the year 2016 and U.P. Collection Amin’s Service (Seventh Amendment) Rules, 2015 provides that 85% of the existing vacancies is to be filled in from amongst Seasonal Collection Amin.
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The Court prima facie recorded a finding in its order dated September 23, 2021 that denial of regularization of petitioner is illegal. The inaction on the part of District Magistrate in not proceeding in accordance with the resolution of the committee dated May 24, 2017 has led to the situation.
Therefore, in view of the aforesaid facts, let the District Magistrate, Prayagraj appear before the Court and explain as to why he did not proceed with the recommendation of the committee, which had led to denial the rightful claim of petitioner, the Court ordered.
The Court has fixed the next hearing of the petition on November 30, 2021.