Rakesh Tiwari, J. - (1.) -Heard learned counsel for the parties and perused the records.
(2.) THE brief facts of the case are that under Rule 3 of the Uttar Pradesh Rakshak Dal Niyamawali recruitment/ selection of honorary guards, Commanders and members of the Toli Nayak are made by a samiti in every village. Under the said Rule in every Gaon Sabha there is a Dalpati under whom one or more Toli Nayak are appointed who represent the member of the Toli according to the population of the village. In each Toli there 10 Rakshaks and the members of the Toli vary according to the population of the village. After the elections of the Gram Panchayat were over in the State G.O. dated 17th July, 1972, was issued for selection of Rakshak, Dalpati, Halka Sardar and Block Commander for various Gaon Sabha and Nayay Panchayat and at Block level. In the aforesaid G.O. the terms and conditions of appointment, qualification and procedure for selection etc. have been given. All the persons who are selected are social workers and are not paid any wages. Paragraphs 2, 3 and 4 relevant for the purpose of the terms laid down in the G.O. dated 17th July, 1972, are as under : ...[VERNACULAR TEXT OMMITED]... The petitioner has challenged the impugned order dated 18.12.1996, passed by the respondent No. 2, the Chief Development Officer, Farrukhabad, by which it is alleged that he has been reverted on the post of Halka Sardar.
(3.) AT the time of admission of the writ petition, the impugned order dated 18.12.1998, was stayed by this Court vide order dated 17.2.1999. The facts of the case are that after selection by the selection committed the petitioner was appointed on 17.7.1991 on the post of Block Commander in Prantiya Rakshak Dal on the recommendation of District Magistrate.;