Allahabad High Court
Shahnawaz vs Union Of India And Others on 7 July, 2010
Author: Abhinava Upadhya
Bench: Abhinava Upadhya
Court No. - 26 Case :- WRIT - A No. - 36417 of 2010 Petitioner :- Shahnawaz Respondent :- Union Of India And Others Petitioner Counsel :- R.P.S. Chauhan Respondent Counsel :- C.S.C.,A.S.G.I. 2010/1264 Hon'ble Abhinava Upadhya,J.
The petitioner submits that in a similar circumstances this Court in Writ Petition No.35304 of 2010, which is also listed today, vide its order dated 15.6.2010 have granted relief to the petitioner. According to the petitioner he is similarly situated person and is also entitled for the same relief. That being the case, the petitioner shall also be given the same relief as has been granted to the petitioner in Writ Petition No.35304 of 2010.
Notice on behalf of respondents has been accepted by the Standing Counsel. He prays for and is granted six weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List in the 1st week of September 2010 before the appropriate Bench.
Counsel for the petitioners 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 petitioners 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, submits that an statement has been made by the Standing Counsel on the basis of instructions from Assistant Commissioner, Rural Developments, 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 Operator 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 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). However, the respondents are at liberty to make fresh appointments on the vacant post.
Order Date :- 7.7.2010 AKJ