Court No. - 38 Case :- WRIT - A No. - 39557 of 2010 Petitioner :- Tushar Pradhan And Others. Respondent :- State Of U.P, And Others. Petitioner Counsel :- S.P. Pandey,S. Shahi Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Notice on behalf of respondents has been accepted by the standing
Counsel. He prays for and is granted two weeks’ time to file
counter affidavit. Rejoinder, if any, may be filed within two
weeks, thereafter.
List after expiry of the aforesaid period.
Counsel for the petitioner submits that with reference to the order
passed by the Lucknow Bench of this Court in Civil Misc. Writ
Petition No. 920 of 2010 (SS) Pawan Kumar Srivastava vs. Union
of India and others, a statement has been made by the Standing
Counsel on the basis of instructions from Assistant Commissioner,
Rural Development Uttar Pradesh, to the effect that so long as
Special leave to Appeal Nos. 35284 and 35299 of 2009 are not
finally decided by the Hon’ble Supreme Court or the interim order
is not vacated the Additional Programme Officer already working
under the National Rural Employment Guarantee Act, 2005 (in
short NREGA) will be permitted to continue and fresh
appointment shall be made only against the post which are lying
unfilled.
Petitioner submits that he is also entitled to similar protection.
In view of the same it is provided that the petitioner shall also be
entitled to the protection as has been made available to the
petitioners of Civil Misc. Writ Petition No.920 of 2010 (SS).
However, the respondents are at liberty to make fresh
appointments on the vacant post.
Order Date :- 9.7.2010
Pr/-