Allahabad High Court
Durvesh Singh vs State Of U.P. And Others on 6 July, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Court No. - 38 Case :- WRIT - A No. - 37644 of 2010 Petitioner :- Durvesh Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Rahul Mishra Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Notice on behalf of respondents has been accepted by the Standing Counsel. He prays for and is granted two weeks' time to file counter affidavit. Rejoinder, if any, may be filed within two weeks, thereafter. List after expiry of the aforesaid period.
Counsel for the petitioner submits that terms and conditions of appointment of Computer Operators and Technical Assistants under the National Rural Employment Guarantee Act, 2005 (in short NREGA) are similar and therefore, what is true with regard to Technical Assistants is equally true with regard to Computer Operators.
Counsel for the petitioner further submits that 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, a 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 Computer Operators already working under the NREGA will be permitted to continue and fresh appointment shall be made only against the post which are lying unfilled. In view of the same it is provided that the petitioner 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). However the respondents are at liberty to make fresh appointments on the vacant post.
Order Date :- 6.7.2010 V.Sri/-