Court No. - 38 Case :- WRIT - A No. - 36736 of 2010 Petitioner :- Sudhir Kumar Srivastava Respondent :- State Of U.P. And Others Petitioner Counsel :- Ajay Kumar Srivastava,K.N. Mishra Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel who appears for the respondents.
The petitioner was appointed as Assistant Teacher/Lecturer in
Junior Basic School run by the Board of Basic Education in the
year 2007 after undergoing the selection process in pursuance of
the advertisement. Initial appointment of the petitioner was for a
limited period but the same is continuing even till date.
Now a fresh advertisement has been issued on 29.05.2010 for
making fresh contractual appointment on account of which the
services of the petitioner are likely to be interfered with. It is,
therefore, contended that action of the respondents in making fresh
contractual appointment is nothing but an exercise to replace the
petitioner who is working since the year 2007.
One another Writ Petition No. 41893 of 2009 involving similar
controversy has been entertained and in another Writ Petition No.
35281 of 2010, Harish Kumar Dinkar and others Vs. State of Uttar
Pradesh and others, an interim order permitting continuation in
service has been passed. The said writ petition has arisen from a
similar advertisement issued on 29.05.2010.
In view of the aforesaid circumstances, the petitioner is also
entitled to an interim protection.
Learned Standing Counsel prays for and is allowed three weeks’
time for filing counter affidavit. One week, thereafter, is allowed
to the petitioner for filing rejoinder affidavit.
List this petition along with above referred Writ Petition No.
35281 of 2010 immediately after expiry of the above period.
In the meantime, the selection proceedings pursuant to
advertisement dated 29.05.2010 may go on but no appointment
shall be made without the leave of the Court and the services of the
petitioner shall not be disturbed.
Order Date :- 25.6.2010
vinay