- (1.)Heard learned counsel for the parties and perused the record.
(2.)This petition has been filed against the order of reversion. The contention of the learned counsel for the petitioner Sri Satish Chaturvedi is that the respondent no. 3 has been directly recruited in violation of Rule 21 of the U.P. Town Area and Notified Area Committees (Centralised) Service Rules, 1976 which is as under: -
"21. Appointment.- (i) On the occurrence of substantive vacancies, the Government shall make appointments to the Centralised Services from the list prepared under Rule 19, and by promotion in accordance with the provisions of Rule 20. Provided that in case where appointment is made both by promotion and direct recruitment, the Government shall make appointment in such vacancies by taking candidates alternately so far as this may be possible from the two lists of promoted and directly recruited candidates. Candidates shall be taken in the order in which they stand in the list and the first candidate taken shall be from the list of promoted candidates.

(ii) The Government; may also make appointment in temporary vacancies for a period exceeding six weeks from among the persons selected for promotion under Rule 20: Provided that if no approved candidate is available for such appointment, the Government may appoint a candidate who is eligible under the rules for permanent recruitment to the Centralised Services. The appointments under this proviso shall be subject to the provisions contained in the U.P. Public Service Commission (Limitation of Functions) Regulations, 1954."

(3.)It appears that during the pendency of the writ petition respondent no. 3 Sri Rajindra Nath Shukla expired. His son who had filed impleadment application for being impleaded as respondent no. 4 has already withdrawn the application for impleadment. At the time of admission the following interim order was granted by this Court: -
"Issue notice. Until further orders of this Court, the operation of the impugned order dated 4.9.1989 shall remain suspended, if it has not been given effect to. Sd/- K.P.Singh, J. Sd/- Virendra Kumar, J."