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2025 DAILYLAW 98198 (ALL)

HANSRAM v. STATE OF U.P. AND 8 OTHERS

WRIA/14168/2025 · 2025-09-21

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14168 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus commanding the respondent no. 2 to consider the claim of the petitioner for not only continuance of service as Seasonal Collection Peon as per the requirement but also consider his candidature for regular appointment under the U.P. Collection Peon's Service Rules, 2004 for having discharged duty as such since 1992. Per contra it is argued by learned Standing Counsel that the petitioner has not been working, as per his own admission, since 2017 and hence he has approached this Court after a delay of 8 years for which no plausible explanation has been offered. Having heard learned counsel for the respective parties and having perused the records, particularly the seniority list published, in which petitioner's name figures at serial no. 52 wherein his initial year and date of discharge of duty is recorded as 01.02.1992 and in the year 2018 petitioner was shown in the remarks column as working and work was satisfactory. In the circumstances therefore, the Court is of the considered view that question whether the petitioner could have been be regularized or not, would be a matter to be considered later as first it is to be seen whether petitioner has been continuing as a Seasonal Collection Peon regularly since 1992 and if discontinued, then under what circumstances, he has been made to discontinue. Versus Counsel for Petitioner(s) : Ajay Kumar Srivastava Counsel for Respondent(s) : C.S.C. Hansram .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) Thus in my view, since petitioner has been approaching the authority continuously, it would be in the fitness of things and it wold also serve the ends of justice in the event petitioner is permitted to make a fresh comprehensive application annexing therewith seniority list published in the year 2018 within a stipulated period of time, which may be directed further to be considered and disposed of in accordance with law. The authority shall also examine whether petitioner was wrongly discontinued and there is enough room to continue him as Seasonal Collection Peon while juniors have been made to continue. In view of the above, this petition stands disposed of with a direction to the petitioner to make a fresh representation within a period of four weeks from today along with the certified copy of this order and if he does so, the same shall be considered and disposed of within a further period of six weeks by means of a reasoned and speaking order in the light of the observations made above. September 22, 2025 IrfanUddin WRIA No. 14168 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad