Allahabad High Court
Dinesh Kumar Dwivedi vs State Of U.P. & Others on 19 July, 2010
Author: Sanjay Misra
Bench: Sanjay Misra
Court No. - 3 Case :- WRIT - A No. - 27814 of 2009 Petitioner :- Dinesh Kumar Dwivedi Respondent :- State Of U.P. & Others Petitioner Counsel :- Bipin Pandey Respondent Counsel :- C.S.C.,Ravindra Singh Hon'ble Sanjay Misra,J.
Learned Standing Counsel for the State-respondents and Sri Ravindra Singh for Respondent No.4 pray for and are granted three weeks further time to file counter affidavit.
Learned counsel for the petitioner has referred to an order dated 10.06.2010 (Annexure No.10 to the writ petition) passed in Special Appeal No.943 of 2010, 'Navneet Kumar & another Vs. State of U.P. & others' and states that the petitioners are also entitled to similar interim order since the controversy in the present writ petition is identical. He has also referred to an interim order dated 30.06.2010 passed by the Division Bench in Special Appeal No.1024 of 2010, 'Virendra Singh & others Vs. State of U.P. & others' to the same effect, which is quoted as under:-
Challenge is to the order passed by the learned Single Judge by which writ petition filed by the petitioner has been dismissed.
At the very outset learned counsel for the petitioner informs the court that after considering the orders passed in Special Appeal No. 943 of 2010 learned Single Judge on 21.6.2010 passed orders in the writ petition dealing with the similar issue. Copy of the order passed by this court on 21.6.2010 in writ petition 35927 of 2010 has been shown to the court.
In view of the aforesaid let this matter be listed after one month.
Respondents may file counter affidavit by the next date.
Following the interim order passed by this court on 21.6.2010 in the writ petition, referred above, it is directed that till the next date of listing the operation of the notification dated 14.4.2010 published in the gazette dated 17.4.2010 and the consequential order of 24.4.2010, so far it relates to the disengagement of the petitioners shall remain stayed.
It is made clear that in case the petition succeeds the petitioners would be entitled for renumeration salary for the entire crushing season irrespective of the fact as to whether they have been assigned work or not.
In view of the aforesaid circumstances since these petitioners are similarly situated and it is admitted by Sri Ravindra Singh, learned counsel for the respondent that they are also entitled for the same interim protection the petitioners shall therefore also be governed by the interim order dated 30.06.2010 passed by the Division Bench.
A copy of the order passed in Special Appeal No.1024 of 2010, 'Virendra Singh & others Vs. State of U.P. & others' be also supplied by the office alongwith certified copy of this order to learned counsel for the parties on payment of usual charges.
Order Date :- 19.7.2010 pks