Narayan Shukla, J. - (1.) Heard Mr. S.K. Kalia, learned Senior Counsel assisted by Mr. Vidhu Bhushan Kalia, learned counsel for the petitioner and Mr. Sanjay Bhasin, learned Additional Chief Standing Counsel as well as Mr. R.D. Sharma, learned counsel for the opposite party No. 4.
(2.) The petitioner has assailed the Notification dated 10 November 2014 issued by the Secretary Urban Development Department, Government of U.P. rescinding the Government Notification dated 21 September 2010 ab -initio as also the consequential order dated 22 December 2014 issued by the Government, whereby the office memorandum dated 5 October 2010 was revoked. By means of Government Order dated 5 October 2010 the petitioner was merged with the post of Assistant Municipal Commissioner under the Uttar Pradesh Palika Centralized Service Rules, 2010.
(3.) The facts of the case in brief as exposited by the petitioner are as under: - - "On 3.8.2007 the post of Development Coordinating Officer was advertised to be fulfilled. In all ten candidates had participated in the said selection, out of whom the petitioner was appointed on the post of Development Coordinating Officer till 29 February 2008 which was extended till 28 February 2009. The post of Development Coordinating Officer was created temporarily vide order dated 18.8.2008 and the petitioner was absorbed on the said post vide order dated 30.1.2009 by the Municipal Commissioner, Kanpur Municipality, Kanpur. Subsequently the said post was made permanent vide order dated 19.5.2010 issued by the State Government and the petitioner was appointed permanently vide order dated 22.5.2010. Thereafter the petitioner through representation dated 25.6.2010 requested for his absorption against the vacant post of Assistant Municipal Commissioner bearing the same pay scale as he fulfilled all the requisite qualifications. The State Government amended the Uttar Pradesh Palika (Centralized) Services (Twenty Fourth Amendment) Rules, 2010 and added third proviso in Rule 6(1) (iii), which is extracted below: - - "Provided also that the State Government may absorb in consultation with the Public Service Commission, any person who is appointed and confirmed to a post (other than a cadre post in the Corporation) in the pay scale Rs. 15600 -39100 (Grade pay 5400) to the post of Assistant Municipal Commissioner.";