Notice on behalf of opposite party no. 1 has been accepted by Sri I. H. Farooqui, learned Asst. Solicitor General of India whereas learned Chief Standing Counsel has accepted notices on behalf of opposite parties no. 2 & 3.
Issue notice to the opposite party no. 4, returnable at an early date.
Learned counsel for the petitioners will take steps for service on opposite party no. 4 within a week.
Heard learned counsel for the parties and perused the record.
By means of this writ petition, the petitioners have prayed for a writ in the nature of certiorari for quashing of the impugned Government Order dated 13.1.2010 and the advertisement dated 31.1..2010, as contained in Annexures No. 1 & 2 to the writ petition. Petitioners further pray for a writ in the nature of mandamus commanding the opposite parties to not to disturb the petitioners' functioning as Computer Operator in NAREGA scheme in district Raebareli notwithstanding the aforesaid G.O. and the advertisement.
Submission of learned counsel for petitioners is that their case is squarely covered by the interim order passed by this Court in Writ Petition No. 1306 (SS) of 2010, Sunil Kumar Singh vs. Union of India & others.
The operative portion of the said order reads as under " For the foregoing reasons, it is provided that the petitioners who are working on the post of Additional Programme officer, are entitled to work and discharge duties on the post in question on which they were discharging their duties prior to issuance of the advertisements which are under challenge in the present writ petition till the next date of listing or till the matter is decided by Hon'ble the Supreme Court whichever is earlier. However it will open to the opposite parties to proceed in accordance with law in respect to fill up the other posts which are advertised by them excluding the post (Additional Programme Officer) on which the present petitioners are working."
Learned Standing Counsel does not dispute the fact that the controversy is covered by the order passed by this Court in the aforesaid writ petition.
In view of the above, it is hereby provided that the benefit of the order dated 04.5.2010 passed in Writ Petition No. 1306 (SS) of 2010, Sunil Kumar Singh vs. Union of India & others will also be available to these petitioners subject to condition that the petitioners have joined in the month of January, 2008 on their respective posts.
Learned Standing Counsel prays for and is granted four weeks' time for filing counter affidavit. Rejoinder Affidavit, if any, may be filed within a week thereafter.
List after expiry of the aforesaid period.
Order Date :- 25.3.2011 ashok