TMI Blog1956 (4) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... f Uttar Pradesh is the second respondent, and the Land Reforms Commissioner of that State is the third respondent. The Collectors of Meerut, Muzaffarnagar, Aligarh, Badaun and Moradabad are respondents 4 to 8. 2. It appears that patwaris numbering about 28,000 in the whole of the State of Uttar Pradesh had organised themselves in 1940 into The U. P. Patwari's Association with a view to improving their prospects and emoluments. They were part-time servants of the Government in the Revenue Department. After the Zamindari Abolition Act was brought not operation in that State, their services were very much in demand. The Association held meetings and passed resolutions demanding increase in pay and allowances and betterment of their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment might accept their resignations and take them at their own words. The government decided to accept their resignations and the petitioners were relieved of their duties soon after the submission of their resignations, before the 4th March 1953. On the very next day, the 5th March, Government announced the creation of a new service of Lekhpals and proceeded to organise that service by recruiting the new personnel which included most of the old patwaris. The new cadre also included all those patwaris whose record of service was free from blemishes and who had withdrawn their resignations. Out of the petitioners also as many as 132 have been absorbed in the new cadre of Lekhpals and many more are likely to be absorbed in the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignations by the 4th March 1953 would also be absorbed and that of those who had resigned and whose resignations had been accepted, only those will be absorbed who had an excellent record of work and who had not taken an active part in the agitation. Besides those, fresh recruits also were to be taken in. With reference to those directions it was contended that the petitioners who came within the category excluded from reappointment had really been denied equal opportunity of appointment as Lekhpals and that thus article 16 of the Constitution was infringed. In our opinion, it is open to the appointing authority to lay down the requisite qualifications for recruitment to Government service and it is open to that authority to lay down ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as part-time servants of the Government to be lacking in a sense of discipline and of responsibility, it cannot be said that that they had been denied equal opportunity of appointment and employment under the Government. Government have not laid down rules excluding any particular group of persons from being candidates for appointment. They had only issued departmental instructions not to employ those who had not a satisfactory record of service in the past. Selection for appointment in Government service has got to be on a competitive basis and those whose past service has been free from blemish can certainly be said to be better qualified for Government service than those whose record was not free from any blemish. The matter thus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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