Court No. - 38 Case :- WRIT - A No. - 41813 of 2010 Petitioner :- Awadhesh Kumar Mishra 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 the expiry of the aforesaid period.
Counsel for the petitioners submit 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, an 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 & 35299 of
2009 are not finally decided by the Hon’ble Supreme Court or the
interim order is not vacated, the Additional Programme Officers
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.
Petitioners submit that they are also entitled to similar protection.
In view of the same it is provided that the petitioners 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 :- 20.7.2010
Sazia