JUDGEMENT
Abhinava Upadhya, J. -
(1.) HEARD learned counsel for petitioner and the learned Standing counsel who prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. List thereafter. The petitioner states that he was engaged under a scheme framed under National Rural Employment Guarantee Act, 2005. The said scheme was subsequently amended by means of a government order dated 23.10.2008. The petitioner is affected by clause 8.3 of the amending government order by which it has been provided that computer operators/assistants like the petitioner will henceforth be engaged through service provider who will be appointed for the said purpose. According to the petitioner the said clause 8.3 of the amending government order is contrary to the provisions of the principal Act of 2005. Amongst other clauses of the aforesaid amending government order, clause 8.3 was also challenged in a separate proceeding in Civil Misc. Writ Petition No. 3513 of 2009 Jai Bahadur Yadav Vs. Union of India and others whereby the said provision was declared to be ultra virus the Act vide judgment dated 20.3.2009. Pursuant to the aforesaid judgment, following the same in a case of similar nature, this court also in writ petition No. 1807 (SS) of 2009 passed interim order dated 25.3.2009 in favour of the petitioner therein. The dispute in the present case is also of the similar nature. Therefore, the petitioner is also entitled for interim order in the same terms as passed in writ petition No. 1807(SS) of 2009 on 25.3.2009.;
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