ABHISHEK SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) COUNSEL for the petitioner contends that after being found eligible and recommended by the legally constituted Selection Committee, the appointment order dated 13.2.2009 (Annexure 7) was issued by the competent authority, i.e. Executive Engineer, Saryu Nehar Khand - V, Balrampur, pursuant to which the petitioner submitted his joining , but on one pretext or the other, it was denied and ultimately, by the impugned order dated 2.3.2009, the aforesaid appointment order has been cancelled on flimsy grounds. Though seven posts are available and have been allocated to Saryu Nehar Khand - V, Balrampur, as is evident from the letter dated 27.2.2009 written by the Superintendent Engineer. Issuance of appointment letter has created valuable right to the petitioner which cannot be taken away without following the principles of natural justice. Prima facie, a case for interim relief is made out. Admit. Issue notice. As the notice on behalf of opposite parties has been accepted by the learned Chief Standing COUNSEL, notice need not be issued. Standing COUNSEL prays for and is hereby granted six weeks to file counter affidavit and the petitioner will have four weeks thereafter to file rejoinder affidavit. List immediately after expiry of the aforesaid period. Till the next date of listing, the operation and implementation of the order dated 2.3.2009 shall be kept in abeyance. Let this be petition be connected and listed with Writ Petition No. 136 (SS) of 2009.