Connect with Civil Misc. Writ Petition No. 10645 of 2010 (Anil Kant Pandey & others versus State of U.P. & others).
Notice on behalf of respondents has been accepted by the Standing Counsel. He prays for and is granted three weeks' time to file counter affidavit. Rejoinder, if any, may be filed within one week thereafter.
List on 31.07.2010.
Learned counsel for the petitioner with reference to the order passed by the Lucknow Bench of this Court in Civil Misc. Writ Petition No. 920 of 2010 (SS); Pawan Kumar Srivastava vs. Union of India and others, submits that an statement has been made by the Standing Counsel on the basis of instructions from Assistant Commissioner, Rural Development, Uttar Pradesh, to the effect that so long as Special Leave to Appeal Nos. 35284 & 35299 of 2009 are not finally decided by the Hon'ble Supreme Court or the interim order is not vacated, the Technical Assistants already working under the National Rural Employment Guarantee Act, 2005 (in short NREGA) will be permitted to continue and fresh appointment shall be made only against the post which are lying unfilled.
Petitioners submit that they are also entitled to similar protection.
In view of the same it is provided that the petitioners shall also be entitled to the protection as has been made available to the petitioners of Civil Misc. Writ Petition No. 920 of 2010 (SS) provided no other candidates have been selected on the post in question till date. However the respondents are at liberty to make fresh appointments on the vacant post.
(Arun Tandon, J.) Order Date :- 28.6.2010 Sushil/-