Nov - High Court of Judicature at Allahabad

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1038 INDIAN LAW REPORTS ALLAHABAD SERIES [2009 Collection Peon has been rejected confirming selection and appointment of respondent no. 4 for such appointment. 3. Learned counsel for the petitioner submitted that he has not been selected for substantive appointment on the post of Collection Peon on the ground that in the Fasali years 1410, 1411, 1412 and 1413 the percentage of recovery was 15.5, 75, 16.9 and 23.4 respectively resulting in average recovery of 32.7 though as per U.P. Collection Peon Service Rules, 2004 (hereinafter referred to as the "Rules, 2004") the average recovery ought to have been at least 70%. The respondent no. 4 who was admittedly junior to the petitioner but his recovery having been noticed above 70% in the said Fasali years, was selected and given appointment to the post of Collection Peon. It is submitted that under Rule 5 of Rules, 2004 the criteria for selection for regular appointment to the post of Collection Peon in respect to Seasonal Collection Peon is satisfactory service in the last at least four "Fasals". The explanation thereof further provides that satisfactory service means good conduct shown from beginning and in the last "four Fasals" he has cooperated for making recovery at least to the extend of 70% as prescribed by the Government. He contended that the respondents no. 1 to 3 have erred in considering the record of preceding four Fasali years instead of four Fasals. Further that the petitioner has not been found guilty or lacking coordination or cooperation in making recovery to the extent of 70% but since the recovery as a matter of fact was less than 70% for that purpose the petitioner has been superseded. He pointed that Rule 5 of Rule, 2004 required only cooperation on the part of the petitioner since the recovery as a matter of fact is the primary duty of the Collection Amin to whom a Collection Peon assist and, therefore, the relevant considerations as contemplated and provided in the Rules, 2004 have not been taken into account. 4. Learned Standing Counsel relying on his counter affidavit, however, supported the selection of respondent no. 4 as well as the impugned order passed by the District Magistrate, Sant Ravidas Nagar (Bhadohi) and said that the same has been passed in accordance with law. 5. Having considered the rival submissions as well as the record I find that the only issue up for consideration in this case is whether the petitioner has been considered and rejected for the post of Collection Peon on relevant considerations as provided under Rule 5 or not. 6. Rule 5 of Rules, 2004 reads as under: ^^5- lsok esa fofHkUu Jsf.k;ksa ds inksa ij HkrhZ fuEufyf[kr lzksrksa ls dh tk;sxh%& ¼,d½ ipkl izfr'kr p;u lfefr ds ek/;e ls lh/kh HkrhZ }kjk] ¼nks½ ipkl izfr'kr in ,sls lkef;d laxzg vuqlsodksa esa ls ftUgksaus de ls de pkj Qlyha rd larks"ktud dk;Z fd;k gks vkSj ftudh vk;q ml o"kZ dh igyh tqykbZ dks ftlesa p;u fd;k tk; 45 o"kZ ls vf/kd u gks] p;u lfefr ds ek/;e ls Hkjs tk;sxsaA ijUrq ;fn mi;qZDr vH;FkhZ miyC/k u gks rks [k.M ¼,d ½ ds v/khu 'ks"k fjfDr;ka lh/kh HkrhZ }kjk Hkjh tk;sxhaA Li"Vhdj.k%& larks"ktud dk;Z dk rkRi;Z gksxk 'kq: ls vUr rd vPNs vkpj.k dks lfEefyr djrs gq, vfUre pkj Qlyksa ds nkSjku ljdkj }kjk fu;r fofgr Lrj ds vuqlkj de ls de lRrj izfr'kr olwyh esa iw.kZ lg;ksx iznku djukA** 7. A perusal of Rules shows that a Seasonal Collection Peon if has
3 All] Vinay Kumar Upadhyay V.State of U.P. and others 1039 satisfactorily worked for at least "four Fasals" and is not above 45 years of age would have to be considered and if he fulfils the above criteria, is entitled to be selected for the post of Collection Peon. 8. The term "satisfactory service" has been explained and it provides that the Seasonal Collection Peon shall extend "full cooperation for recovery in the last four Fasals" according to the standard prescribed by the State Government i.e. at least 70% recovery. It nowhere provides the Seasonal Collection Peon himself would make recovery to the extent of 70% or at any other level. 9. In taking the aforesaid view I am also supported by a Single Judge decision of this Court in Civil Misc. Writ Petition No. 2421 of 2006, Ishwar Chandra Vs. District Magistrate, Khalilabad, Sant Kabir Nagar and others decided on 22.08.2008. Though that was a case of compulsory retirement but in respect to duties of Collection Peon this Court held that a Collection Peon is only required to assist the Collection Amin and is not responsible for the collection of dues itself which is the primary duty of Collection Amin. 10. The respondents in the counter affidavit have nowhere pleaded or shown as to how a Seasonal Collection Peon can be held directly responsible for lesser recovery. On the contrary, the U.P. Collection Manual, Chapter IX para 61 provides for duties of the Collection Peon and reads as under: ^^61- drZO;& ljdkjh cdk;ksa ds laxzg lEcU/kh vkns'kksa es vehu ds vkns'kksa dk vuqikyu djuk pijklh dk ije~ drZO; gSA tc vehu ljdkjh /ku ysdj ;k=k dj jgk gks ;k vius {ks= esa :dk jgs] rc og pijklh mlds lkFk jgsxkA fofHkUu izdkj dh dzwj dkydze vknsf'kdkvksa ds fu"iknu ds fy, Hkh pijkfl;ksa dh lsokvksa dk mi;ksx fd;k tk ldsxkA ,sls ekeyksa esa og Lo;a dksbZ laxzg ugha djsxkA rglhynkj rFkk vU; ofj"b vf/kdkfj;ksa ds vkns'kksa ds v/khu] ,dhd`r laxzg vehuksa ds v/khu] laxzg pijkfl;ksa dks vU; drZO; lkSais tk;saxsA** 11. It shows that the Collection Peon has to obey the orders given by the Collection Amin and when the Amin is travelling alone with Government revenue or is staying in his area of jurisdiction, the Collection Peon will always stay with him so that his services may be utilised by the Collection Amin. Para 61 Chapter IX further provides very clearly that the Collection Peon himself will not make any recovery at all. 12. That being so, and in the light of the statutory provisions contained in Rule 5, it is evident that the Collection Peon himself is not at all responsible for any recovery whatsoever. Hence the assumption on the part of the District Magistrate, respondent no. 2 that the petitioner having failed to make recovery to the extent of 70% in the preceding four Fasali years cannot be said to have failed to satisfy the criteria of "satisfactory service" is patently illegal and in the teeth of the statute. 13. Besides, the rule also required "satisfactory service" in the "last four Fasals" and not "Fasali". The distinction between a "Fasali" and "Fasal" has been considered by this Court in Mithlesh Kumar and another Vs. State of U.P. and others, 2008 (2) ESC 1332 and this Court held as under: "This Court finds that though in the Rules one has to show his average recovery of at least 70% in the last four
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Nov - High Court of Judicature at Allahabad

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