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Judgment
S.C. Chaurasia, J.
Learned counsel for the petitioners submitted that petitioners have worked for three academic sessions continuously in terms of Section 31 E of the U.P. Higher Education Service Commission (3rd Amendment) Act, 2006, and thus, the petitioners are entitled to be considered for regularisation.
Learned counsel contends that the case of the petitioners is squarely covered by an order passed by this court dated 20th August, 2009 in Writ Petition No.1175 (S/B) of 2009. The said order on reproduction reads as under:
"Learned counsel for petitioners submitted that the petitioners fulfill the eligibility criteria for absorption in terms of Section 31E of U.P. Higher Education Service Commission Act. This is also a submission of the learned counsel that though the regularly selected candidates are available against the substantive posts in question but since the petitioners are eligible for absorption, their claim has to be given precedence. Learned counsel also submitted that in one of the writ petitions with prayer for similar reliefs which are pending in this Court, a Coordinate Bench has passed the following order:
"Heard learned counsel for the parties.
It has been submitted by Sri H.G.S. Parihar, learned counsel for the petitioners that in identical controversy, an interim order has been passed by this Court.
Let counter affidavit be filed by the respondents within four weeks. Rejoinder Affidavit, if any, may be filed within two weeks thereafter. List thereafter along with writ petition no.226 (S/B) of 2009 and other connected matters.
In the meantime, the parties shall maintain status quo with regard to the vacancies in question as exist on today."
In view of all the aforesaid, it is directed that the parties shall maintain status quo in regard to the vacancies in question as exist on today.
List this matter next week."
In view of all the aforesaid, it is directed that the parties shall maintain status quo in regard to the vacancies in question as exist on today.
List alongwith writ petition no.1175 (S/B) of 2009.