LAWS(ALL)-2009-6-7

PAWAN KUMAR MISHRA Vs. STATE OF U P

Decided On June 12, 2009
PAWAN KUMAR MISHRA RAM MURTI MISHRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Standing Counsel for the opposite parties no. 1, 2 and 3. Issue notice to the opposite party no.4 returnable within six weeks. Steps be taken within a week. Learned Standing Counsel prays for and is granted four weeks' time for filing counter affidavit. Two weeks' time thereafter is granted to the learned counsel for the petitioner to file rejoinder affidavit. List thereafter alongwith Writ Petition No.4745 (SS) of 2007, Dr. Pradeep Singh vs. State of U.P. and others. Learned counsel for the petitioner says that since the controversy involved in the instant writ petition is identical to the Writ Petition No.4745 (SS) of 2007, Dr. Pradeep Singh vs. State of U.P. & others, in which the Court vide order dated 12.09.2007 has stayed the impugned order dated 01.06.2007 and further directed the respondents to make payment of current salary to the petitioner regularly every month. However, the appointment of the petitioner should come to an end as and when the regularly selection candidate is allocated by the Board to the College, to which learned Standing Counsel has no objection. Accordingly, the effect and operation of the impugned order dated 22.01.2009 passed by the opposite party no. 3, as contained in Annexure-7 to the writ petition, shall remain stayed, till the next date of listing.