Heard Sri Sanjay Mishra, learned counsel for the petitioner, learned Standing Counsel for opposite parties no. 1, 2 and 3, and Sri S.P. Singh for opposite party no. 4.
The opposite parties are granted four weeks' time for filing counter affidavit. Petitioner may file rejoinder affidavit within two weeks thereafter.
List after expiry of the aforesaid period.
Submission of learned counsel for the petitioner is that approval of the petitioner's appointment has been refused only on the ground that the Rules have not been framed.
Learned Standing Counsel states that now the Rules have been framed.
Even if the Rules have been framed, they will not have retrospective effect and prior to the promulgation of the Rules, appointment of the petitioner cannot be invalidated.
In the aforesaid circumstances, the opposite parties are directed to make payment of salary to the petitioner regularly every month.
Order Date :- 9.9.2010 kkm