Court No. - 38 Case :- WRIT - A No. - 35927 of 2010 Petitioner :- Ram Krishna And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Alok Kumar Yadav Respondent Counsel :- C.S.C.,Ravindra Singh Hon'ble Pankaj Mithal,J.
Heard Sri Alok Kumar Yadav, learned counsel for the petitioners,
leaned Standing Counsel for the respondent no. 1,2 and 3 and Sri
Ravindra Singh, Advocate appearing on behalf of respondent no.
4.
The challenge in this writ petition is to the notification dated
22.3.2010 published in the official gazette dated 17.4.2010 and the
consequential order dated 26.4.2010 for disengagement of the
petitioners as seasonal staff. The aforesaid notifications and similar
consequential orders were subject matter of challenge in another
writ petition against which Special Appeal No. 943 of 2010
(Navneet Kumar and others Vs. State of U.P. and others) was
preferred by the Division Bench. In the aforesaid appeal vide order
dated 10.6.2010 not only the operation of the order of the learned
Single Judge passed in the above writ petition was stayed but the
notification dated 22.3.2010 as published in the gazette dated
17.4.2010 and the consequential order of disengagement was also
stayed.
In view of the above interim order of the Division Bench,
petitioners are also entitled for similar interim protection.
Learned counsel for the respondents prays for and allowed a
month’s time for filing counter affidavit. Rejoinder affidavit may
be filed within two weeks’ thereafter.
List this case after expiy of the aforesaid period.
Till the next date of listing the operation of the notification dated
22.3.2010 published in the gazette dated 17.4.2010 and the
consequential order of 26.4.2010, so far as it relates to
disengagement of the petitioners shall remain stayed.
It is made clear that in case the petition succeeds the petitioners
would be entitled for remuneration salary for the entire crushing
season irrespective of the fact as to whether they have been
assigned work or not.
Order Date :- 21.6.2010
SR