Notice on behalf of opposite parties no. 1,3, 5, 6 & 8 has been accepted by learned Chief Standing Counsel. Notice on behalf of opposite parties no. 2 & 7 has been accepted by Sri Dhananjay Tiwari, Advocate. Sri J. P .Maurya, Advocate has accepted notice on behalf of opposite party no.4. Heard Sri I. B. Singh, learned Senior Counsel for the petitioner, assisted by Sri. R. N. Tiwari, Advocate and the learned Standing Counsel appearing on behalf of opposite parties.
By means of the instant writ petition, the petitioners have sought a writ in the nature of certiorari for quashing of the Government Order dated 20.05.2010 (Annexure No.11) as well as Circular dated 28.05.2010 and the relieving orders dated 02.6.2010 and 11.6.2010, so far as it relates to the petitioners that the services of the petitioners shall be deemed to come an end at the time of settlement of appointment of teachers against the vacancies, as provided in Para -1 of the Circular dated 28.05.2010.
Submission of learned counsel for the petitioners is that the petitioners are working as Assistant Teachers in Primary Schools, run by Basic Shiksha Parishad and all have been appointed on deputation as Lecturer at District Institute of Education and Training and now by means of impugned Government Order dated 20.05.2010 (Annexure No.-11) and the Circular dated 28.05.2010 (Annexure 11), the opposite parties are making a panel for making appointment on contract basis for a period of one year.
Further submission of learned counsel for the petitioners is that they cannot be repatriated in order to make appointment on contractual basis.
This controversy has also been raised before this Court at Lucknow as well as at Allahabad and the interim orders have been passed. One such interim order, passed in writ petition no.35963(S/S) of 2010, Om Prakash Singh and Others Vs. State of U. P. and others reads as under-:
"Considering the interim order passed in the above referred writ petition, as an interim measure, it is hereby provided that the petitioners shall continue to work on the post held by them in District Institute of Education and Training (DIET),District Chitrakoot and shall be entitled to salary in accordance with law."
Since the petitioners are similarly placed persons, as such, propriety demands that their interest be also safeguarded in the same manner.
In view of the above, it is hereby provided that the petitioners shall be allowed to work on the posts held by them at DIET, Atarsand, Pratapgarh and shall be paid salary in accordance to law.
Learned Standing Counsel prays for and is granted three weeks' time to file counter affidavit. Rejoinder Affidavit, if any, may be filed within a week thereafter. List thereafter.
Order Date :- 30.6.2010 ashok