SUDHIR NARAIN, J. The petitioner claims that he is working as Seasonal Assistant Wasil Baqi Nawis since the year 1992 in Tahsil Perapur, district Kanpur Dehat. He seeks a writ of mandamus commanding the respondents to appoint him to the post of Permanent Assistant Wasil Baqi Nawis. 2. The appointment to the post of Assistant Wasil Baqi Nawis is made to assist the Seasonal Collection Amin. They are appointed during the seasonal when the collection of Government dues are made. The work of Seasonal Assistant Wasil Baqi is not of permanent nature. Their appoint-menst are made due to exigencies of work. 3. The petitioner is claiming that he should be regularised on the post of Asristant Wasil Baqi Nawis against the vacant existing post of Assistant Wasil Baqi Nawis. A distinction has been drawn between the employees who work regularly on a post and the employees who are appointed seasonally or for a fixed period in a year or in a month. Such seasonal employees cannot claim a right of regulatisation to the regular post on which other employees are working and performing the same duties all the year regularly. 4. In Maharashtra State Co-operative Cotton Growers Marketing Federation Ltd. and another v. Maharashtra State Co-operative Cotton Growers Marketing Federation Employees Union and another, AIR 1994 SC 1046 , the question was whether the Award dated 31-8-1984 of the Industrial Tribunal was applicable to the sessional employees. Their Lordships of the Supreme Court held that by the nature of employment, temporary seasonal employees can be made permanent only as a permanent seasonal employee and not as permanent perennial employee. The Court observed as under : "on the undisputed fact, that the procurement and processing opera tions under the Cotton Scheme do not last for more then 4 to 6 months and in any case not more than 8 months, to make the seasonal employees permanent and give them all the benefits of the perennial employees would mean that they would get the salary and all other benefits throughout the year as the perennial employees do, without putting in work throughout the year as the latter have to do.
On the admitted fact that there is a need of seasonal employees and there is no work available to be given to them for a part of the year, the Cotton Scheme has always to maintain a distinction between the perennial employees and seasonal employees and has to provide them with different service conditions though some of the service conditions may be common. It is the failure to understand the nature of the operations and the nature of the employment required under the Cotton Scheme which responsible ifor the impugned decisions of the Industrial Court and the High Court. " 5. In Rajesh Kumar Khare and another v. State of U. P. and others, 1993 (1) UPLBEC 729, where Seasonal Collection Amins claimed regularisation of their services, this Court took the view that their appointments are made for few months and they cannot claim regularisation. It was, however, directed that if any post of Collection Amin was vacant the cases of the petitioners may be considered for appointments in accordance with Rules. 6. Seasonal Assistant Wasil Baqi Nawis are normally attached to Seasonal Collection Amins, A Seasonal Assistant Wasil Baqi Nawis cannot claim a better right than a Seasonal Collection Amin. 7. The State Government has framed Rules for appointment of Collection Amins known as U. P. Collection Amins Rules, 1974. The Rule was amended from time to time. The State Government issued Notifica tion No. 2755 (1) X22-2/1/7197/-7 dated 23rd October, 1992 whereby certain amendments in the rules were made which is known as U. P. Collection Amins (Fifth Amendment) Rules, 1992. The amended Rule 5 provides the source of recruitment as follows: (1) 15% of the vacancies are to be filled up by promotion of Collection Peons who were appointed on the substantive vacancies provided they have passed High School examination or examination equivalent to it and secondly they had worked in the revenue department at least for six seasons. (2) 35% of the vacancies are to be filled up by Seasonal Collection Amins by way of selection provided they had worked for four seasons satisfactorily and secondly their age does not exceed 45 years on the date of selection. (3) 50% of the vacancies to be filled up by direct recruitment after due selection. 8. Seasonal Collection Amins, who had worked for minimum four seasons satisfactorily, are entitled to appear for selection.
(3) 50% of the vacancies to be filled up by direct recruitment after due selection. 8. Seasonal Collection Amins, who had worked for minimum four seasons satisfactorily, are entitled to appear for selection. Rule 17-A provides that the Collector shall prepare a list of the Seasonal Collection Amins who had worked satisfactorily for at least four seasons. The list shall be prepared according to seniority. There is an explanation added to it that the work shall be treated as satisfactory if the collection is not less than 70% of the target fixed. The procedure for selection has been provided under Rule 18. 9. A persual of the aforesaid Rule indicates that 15% of the vacancies are to be filled up by promotion of the Collection Peons. A person who is not working as Collection Peon on a substantive vacancy is not entitled to be appointed as Collection Amin. If further provides that 35% of the vacancies are to be filled up by Seasonal Collection Amins by way of selection as pro vided under the Rules. There is no Rule similar to the Rule which is appli cable for Seasonal Collection Amins giving a right to be considered for appointment to the post of Collection Amins on substantive vacancies. 10. In the case of appointment to the post of Assistant Wasil Baqi Nawis there does not seem to be any subordinate service claiming the right for promotion to the post of Assistant Wasil Baqi Nawis. It would be appropriate that 50% vacancies should be filled up by direct recruitment and 50%posts are to be given to the Seasonal Assistant Wasil Baqi Nawis in accordance with their seniority but subject to the conditions their work and conduct had been good. For this purpose the District Magistrate concerned may prepare a seniority list and thereafter appoint a selection committee for considering the cases of such Seasonal Assistant Wasil Baqi Nawis, As in Collection Amins Rules, 1974 the criteria has been fixed for six seasons the same criteria may be applicable with regard to Seasonal Assistant Wasil Baqi Nawis as well subject to other qualifications, eligibility and age limit. The age limit may be relaxed to the extent provided for Seasonal Collection Arnins. 11. The petitioner shall make representation to the Collector alongwith a certified copy of this order and a true copy of the writ petition.
The age limit may be relaxed to the extent provided for Seasonal Collection Arnins. 11. The petitioner shall make representation to the Collector alongwith a certified copy of this order and a true copy of the writ petition. On such representation being made the Collector shall dispose of the same. Keeping in view the observations made above and in accordance with law, within two months from the date of making representation as stated above. 12 The writ petition is accordingly disposed of finally. Petition disposed of. .