Heard Dr. L. P. Misra, learned counsel for the petitioners and Sri Jai Deep Narain Mathur, Addl. Advocate General, assisted by Sri R. K. Chaudhary, Advocate.
By means of this writ petition, the petitioners have prayed for a writ in the nature of mandamus commanding the opposite parties not to hold any selection against the post of Junior Engineers held by the petitioners through interview scheduled to be held from July 2, 2010 and not to make any appointment against the post of Junior Engineer without first regularising the petitioners. Submission of learned counsel for petitioners is that the petitioners are working on the strength of interim order passed by this Court in Writ Petition No. 6050 (SS) of 2009, the operative portion of which reads as under:
"In the meantime, as an interim measure, the operation of the impugned order dated 17.8.2009, passed by the opposite party no. 4 (Annexure -1 to the writ petition) is stayed to the extent of terminating the services of the petitioners in pursuance of the Regulation 8 of U. P. Regularisation of Ad hoc Appointments (on posts within the purview of Uttar Pradesh Cooperative Institutional Service Board), Regulation, 1985 readwith third amendment, 2003."
Sri Mathur, Addl. Advocate General submits that the petitioners have no cause of action as the posts against which petitioners are working, have not been advertised. Writ Petition is, therefore, misconceived and is liable to be dismissed. Dr. L. P. Misra, learned counsel for the petitioners submits that he has no objection if selection and appointment is not going to be made against the posts on which petitioners are working. In view of the statement made by Sri Mathur, learned Addl. Advocate General, there remains nothing in the writ petition to be adjudicated.
Writ Petition is disposed of accordingly.
Order Date :- 30.6.2010 ashok