JUDGMENT B. L, Loomba, J. - The petitioner was initially appointed as a Toll Moharrir in the Town Area Shikarpur, District Bulandshahr in November, 1972, On promotion, he was appointed and posted as Bakshi in the Town Area Syana, District Bulandshahr on 8.10.1976, With effect from 15.5.1984 as per Government Notification dated 10.5.1984, copy annexure 2 to the writ petition, Town Area Committee Syana was upgraded and converted into a Class IV Nagar Palika. This notification was issued under section 4 (1) (a) of the U.P. Municipalities Act, 1916 (hereinafter to be referred to as 'the Act'). The petitioner's case is that on the date immediately preceding 15.5.1984, the petitioner was in full time employment of the Town Area Committee as Bakshi/Secretary and that upon upgradation of the Town Area into Class IV Municipality, his services stood transferred to, and he became officer of the Nagar Palika Syana, District Bulandshahr as provided in section 333A of the Act. The petitioner's case further is that the District Magistrate, Bulandshahr, opposite party no. 3, passed orders dated 20.5.1984 according approval for the petitioner to work as Executive Officer, Nagarpalika, Syana. A copy of this order dated 20.5.1984 is annexed as Annexure 3 to the writ petition. According to the petitioner, he has given his option for his permanent absorption in the Nagar Palika Syana as its Executive Officer as required under rule 6 (4) of the U.P. Palika (Centralised) Services Rules, 1966 (hereinafter to be referred to as the Rules') and that he is entitled to be so absorbed but despite the recommendations of the District Magistrate, the State Government has not passed any orders for the permanent absorption of the petitioner in the Services of the Municipal Board, Syana as its Executive Officer. It is alleged that the State Government has passed orders for the absorption of other persons named in paragraph 14 of the writ petition who were working as Bakshi sin the various Town Area Committees. They were absorbed as Executive Officers in the concerned Nagar Palikas upon the upgradation of the Town Areas into Class IV Municipalities. The act of the State Government in not passing any order for the petitioner's permanent absorption is said to be discriminatory against the petitioner. 2. They were absorbed as Executive Officers in the concerned Nagar Palikas upon the upgradation of the Town Areas into Class IV Municipalities. The act of the State Government in not passing any order for the petitioner's permanent absorption is said to be discriminatory against the petitioner. 2. Through this writ petition filed on 27101986, the petitioner seeks the relief of a writ in the nature of mandamus commanding the opposite parties to treat the petitioner as having been absorbed and appointed as Executive Officer in the Municipal Board, Syana, with effect from 1051984 and for payment of arrears of his salary admissible on this post. 3. On behalf of the State, the writ petition has been contested raising the pleas that the petitioner's case was considered by the State Government but he was not found suitable for absorption and that the petitioner has been charged under Section 409/420/120B of the Indian Penal Code and Section 5(2) of the Prevention, of Corruption Act and lie could not be absorbed on the post of Executive Officer at this stage and orders for his transfer as Secretary of the Town Area Barkot, District Uttar Kashi were passed. According to the opposite parties, the petitioner's claim of his having become officer of the Nagar Palika, Syana, is not legally sustainable and unless he is considered suitable for absorption, he is not entitled to the post of Executive Officer of the Municipal Board. 4. This is the undisputed position that the Town Area Committee, Syana was upgraded to a Class IV Municipality with effect from 1551984. It is also undisputed that prior to this date the petitioner was wholetime employee of the Town Area Committee, Syana, as its Bakshi Secretary in the scale of Rs. 360620. 5. The main question falling for consideration is as to what is the consequence of upgradation of the Town Area Committee into a Class IV Municipality insofar as it relates to the claim of the petitioner about his absorption as Executive Officer of the Nagar Palika, Syana. 6. Relevant provisions on which the petitioner has placed reliance are section 333A of the Act and subrules (4), (5) and (6) of rule 6 of the U.P. Palika (Centralised) Services Rules, 1966. 6. Relevant provisions on which the petitioner has placed reliance are section 333A of the Act and subrules (4), (5) and (6) of rule 6 of the U.P. Palika (Centralised) Services Rules, 1966. Section 333A of the Act reads as follows : 333A Consequence of establishment of a Municipality in place of Town Area or Notified Area : Where a municipality is created in place of a Town Area or notified area, the following consequences shall, notwithstanding anything contained in section 34 of the Town Areas Act, 1914 ( U.P. Act II of 1914) or section 339 of this Act, follow as from the date of the creation of the municipality (i) .. (ii) . (iii) (iv) .. (v) . (vi) .. (vii) any officer or servant who on the date immediately preceding the date, was employed by the Town Area Committee or the Notified Area Committee in fulltime employment shall be transferred to and become an officer or servant of the board as if he had been appointed by it under the provisions of this Act. SubRules (4), (5) and (6) of rule 6 of the Rules read as follows : (4) Consequent upon the conversion of Notified Area Committee or a Town Area Committee into any class of Municipality, the absorption of persons who immediately before the conversion of the local body were holding the posts of Secretary, Bakshi, Superintendent and Overseer or Junior Engineer shall be governed by the following provisions : (1) A Secretary, Bakshi or Superintendent, as the case may be, shall unless he opts against absorption, if found suitable, be absorbed in the Palika Administrative (Subordinate) Service as Executive Officer of Class IV Municipal Board. (ii) An Overseer or Junior Engineer shall unless he opts against absorption, if found suitable by Government, be absorbed in Palika Engineering (Subordinate) Service as Junior Engineer. (iii) The Services of Secretary, Bakshi, Superintendent, Overseer or Junior Engineer who opts against absorption, or who is found unsuitable shall stand determined. (5) (i) The provisions of clauses (v) and (vi) of subrule (2) shall mutatis mutandis apply to an employee whose services are determined under subrule (3) or subrule (4). (iii) The Services of Secretary, Bakshi, Superintendent, Overseer or Junior Engineer who opts against absorption, or who is found unsuitable shall stand determined. (5) (i) The provisions of clauses (v) and (vi) of subrule (2) shall mutatis mutandis apply to an employee whose services are determined under subrule (3) or subrule (4). (ii) The option mentioned in subrule (3) and (4) may be exercised within one month of the date of upgradation of a Municipality or conversion of the Town Area Committee or Notified Area Committee into a Municipality and the option so exercised shall be sent to Government by the District Magistrate alongwith the service book, and the character roll and other personal files relating to each individual as also attested copies of the certificates of his educational qualifications. The District Magistrate of the District in which the local body is situate shall send his recommendation to the State Government through Director of Local Bodies, whether or not the employee's work, conduct, qualification and general reputation regarding his integrity justifies his absorption on any post in the U.P. Palika (Centralised) Services. (6) The employees of local bodies which were upgraded or converted on or after July 9, 1968 shall also be entitled to exercise their options at any time before 15th day of December , 1979 and the intimation thereof shall be sent to Government. Their cases of absorption in the Palika Centralised Service or otherwise shall be dealt with in accordance with subrules (3), (4) and (5). 7. The consequence of establishment of a Municipality in place of a Town Area has been provided in clause (vii) of section 333A of the Act which lays down that any officer or servant who on the date immediately preceding the date was employed by the Town Area Committee or notified area committee in full time employment, shall be transferred and become an officer or servant of the Board as if he had been appointed by it under the provisions of the Act. The petitioner was, admittedly, in fulltime employment of the notified area committee prior to its becoming a Municipality. The petitioner became an officer of the Municipal Board, Syana as provided in clause (vii) of section 333A of the Act. The question then remains is as in which capacity his services stood transferred and to which post he was entitled to be appointed. 8. The petitioner became an officer of the Municipal Board, Syana as provided in clause (vii) of section 333A of the Act. The question then remains is as in which capacity his services stood transferred and to which post he was entitled to be appointed. 8. Learned counsel for the petitioner was unable to refer to any other provision of the Act wherein it may have been provided as to the corresponding post on which an official of the notified area committee on its up gradation to a Municipality would be appointed. As is argued by the learned counsel this matter is covered by subrules (4) to (6) of rule 6 of the Rules. Subrule (4) of rule 6 of the Rules provides that Secretary, Bakshi or Superintendent of a town area committee shall be absorbed in the Palika Administrative (Subordinate) Service as Executive Officer of Class IV Municipal Board upon his being found suitable. This clearly indicates that un official concerned is found suitable, he cannot be taken to have been absorbed in the Palika Administrative (Subordinate) Service as Executive Officer. In other words, his absorption is dependent on the condition of his being found suitable for the purpose. The submission raised by the learned counsel for the petitioner in this regard has been that upon the upgradation of the Town Area Committee into the Municipality, the petitioner became provisionally absorbed as Executive Officer of the Municipality. In the absence of any provision to that effect in subrule (4) of rule 6, it is difficult to accept this submission. Learned counsel then referred to subrule (7) which provides that when a new post is included in the Centralised services under rule 3, the officers and servants of the Palika who were holding a particular post or were performing the duties and functions of the posts immediately before the said inclusion shall stand absorbed provisionally subject to such orders as may be made by Government in each case. As is clear from the provision itself, subrule (7) refers to the inclusion of new post in the Centralised services under rule 3. By no manner, subrule (7) can be said to refer to the situation with which we are concerned in the present case. As is clear from the provision itself, subrule (7) refers to the inclusion of new post in the Centralised services under rule 3. By no manner, subrule (7) can be said to refer to the situation with which we are concerned in the present case. Rule 6 of the Rules deals with the matters relating to source of recruitment, absorption and determination of service of existing officers and servants, including the situation arising upon the conversion of a Notified area or a Town area committee into any class of Municipality. Subrule (4) of rule 6 lays down a self contained provision as to the consequence of the conversion of a Notified area Committee or a Town Area Committee into a Municipality and the matter raised in this writ petition is clearly governed by subrules (4), (5) and (6) of Rule 6 of the Rules. As mentioned already, subrule (7) refers to a different situation and is inapplicable to the present case. Accordingly, we find it difficult to accept tie submission of the petitioner's learned counsel that the petitioner became provisionally absorbed on the post of Executive Officer upon conversion of the Town Area Committee into the Municipality. 9. In the counter affidavit filed on behalf of the State of U. P., it has been stated, vide paragraph 8 thereof, that the contention of the petitioner that his services stood transferred and he became an officer of Nagar Palika, Syana, is not legally sustainable. The contention of the learned Standing Counsel in this regard is that unless an official is found suitable for absorption his services cannot be said to have been transferred to the Municipality and he does not become a servant or officer of the Board. When confronted with clause (vii) of section 333A of the Act, learned Standing Counsel could not raise any satisfactory explanation because clause (vii) clearly provides that where a Municipality is created in place of a Town Area, an officer or servant who was in a full employment of the Town Area and was employed on the date immediately preceding the date of such creation shall be transferred to, and become a servant or officer of the board as if he had been appointed by it under the provisions of the Act. Upon consideration, we find it difficult to accept the argument raised by the learned Standing Counsel in this behalf and it has to be held that upon the upgradation of the Town Area Committee Syana, to a Municipality, the petitioner stood transferred ;o the Municipality and became an officer of the Board as if he had been appointed by the Board under the provisions of the Act. The State Government has passed an order transferring the petitioner to Town Area, Barkot, district Uttar Kashi on the ground that upon consideration the petitioner was not found suitable for absorption as Executive Officer of the Municipality. According to the State Government, it was open to them to terminate the petitioner's services as provided in subrule (5) of rule 6, readwith clause (v) of subrule (2) of this rule and pay compensation as provided therein and that a lenient view was taken because of the pendency of this writ petition and also because of the pendency of the criminal cases against the petitioner under sections 403/420/120B of the Indian Penal Code. The course adopted by the State Government was, obviously, not consistent with the relevant provisions of the Act and the Rules. According to section 333A of the Act, upon the conversion of the Town Area into a Municipality, the petitioner stood transferred to and became an officer of the Board and, as such, no more remained an employee of any Town Area and for that reason was not liable to be transferred to any Town Area. It is, therefore, not possible to sustain the legality of the order passed by the State Government transferring the petitioner from Nagar Palika, Syana to Town Area, Barkot, district Uttar Kashi. 10. The question that next arises is as on which post the petitioner's services stood transferred under clause (vii) of section 333A of the Act. Learned counsel for the petitioner is right in his submission that the petitioner being, admittedly, a permanent employee of the Town Area Committee and holding the post of Bakshi/Secretary of the Town Area Committee could be absorbed only on the post of Executive Officer of the Municipality as is provided in clause (i) of subrule (d) of rule 6 of the Rules. Only thing required to be done under the Rules is to consider the petitioner's suitability for absorption to this post. Only thing required to be done under the Rules is to consider the petitioner's suitability for absorption to this post. According to the counter affidavit filed on behalf of the State Government, the petitioner's case has already been considered and he has not been found suitable for absorption. This is what has been stated in paragraphs 6 and 12 of the counteraffidavit dated 2331987 of one P.P. Singh, Upper Division Assistant, Anubhaag IV, Nagar Vikas, U.P. Civil Secretariat, However, no order to this effect has yet been passed by the State Government in this behalf and what has been done, on the other hand, is to transfer the petitioner as Bakshi of the Town Area Committee, Barkot, district Uttar Kashi. In this situation, it has to be held that so far no order has been passed by the State Government under subrule (4) of rule 6 of the Rules regarding the suitability or otherwise of the petitioner for absorption as Executive Officer of the Municipality. In fact, the petitioner has raised grievance in this writ petition that while other similarly situate officers have been absorbed as Executive Officers of the concerned Municipality he has been discriminated. The particulars of these officials have been provided in paragraph 14 of the writ petition and copies of the orders relating to Municipal Board, Tanda, District Rampur and Municipal Board, Shikarpur, District Bulandshar have been filed as Annexures 7 and 8 of the writ petition. This by itself, however, does not extend any support to the petitioner's case. Every individual case has to be separately considered by the State Government on its own merits and if the other officials of the Town Area Committees have been absorbed as Executive Officers upon the upgradation to the Municipality, the petitioner cannot be said to have been discriminated against merely because no such order has been passed in his favour. 11. Upon analysis of the situation as above, it is clear that while the petitioner's services stood transferred to the Municipality and he became an officer of the Municipality, Syana on the date when the Town Area Committee, Syana was upgraded into the Municipality, he has not yet been found suitable for absorption on the post of Executive Officer of the Municipality. Further, under the orders of the District Magistrate, Bulandshar dated 2451981 contained in Annexure 3 to the petition, he was permitted to work on the post of the Executive Officer of this Municipality, It was provided in this order that until the receipt of the orders of the State Government, the petitioner was permitted to work on this post in public interest. This is also undisputed that the petitioner has been working on the post of Executive Officer since then and is discharging the duties and functions of this post. This arrangement of the District Magistrate cannot be said to be unjustified or improper because in the absence of any directions to the contrary some arrangement had to be made by the District Magistrate to ensure the continuity of work on the post of Executive Officer of the Municipality . The petitioner having worked on this post under the orders of the District Magistrate and the State Government having so far not been able to pass any order under subrule (4) of rule 6 of the Rules, the petitioner cannot be deprived of the benefit of salary etc. which may be admissible to him on his post. 12. The only question next raised by the petitioner's counsel is that no order declaring the petitioner unsuitable for absorption on the post of the Executive Officer can be passed without affording an opportunity to the petitioner. In support of his contention, learned counsel has placed reliance on a decision of a Bench of this court in writ petition No. 178 of 1985, Brij Kishora and others v. U.P. Rajya Krishi Utpadan Mandi Parishad and others and connected matters. That was also a case relating to absorption of officials working on deputation with U.P. Rajya Krishi Utpadan Mandi Parishad as Secretaries of the Mandi Parishads. The Selection Committee appointed to consider the names of the officials had not afforded an opportunity to the aggrieved persons before finding them unsuitable for absorption for the service of the Mandi Parishad. That was also a case relating to absorption of officials working on deputation with U.P. Rajya Krishi Utpadan Mandi Parishad as Secretaries of the Mandi Parishads. The Selection Committee appointed to consider the names of the officials had not afforded an opportunity to the aggrieved persons before finding them unsuitable for absorption for the service of the Mandi Parishad. Placing reliance on the decisions of Hon'ble Supreme Court in Rashid Ahmad v. State of U.P. ( AIR 1979 SC 592 ) and Mazhur Islam Hashmi v. State of U.P. and another ( AIR 1979 SC 1237 ), it was held that it is clear that an authority while considering the question of suitability for final absorption has to act in quasi judicial miner, implying thereby that the officer concerned has to be afforded an opportunity of putting forward his case. The writ petitions were allowed on this point and the decision of the Selection Committee finding the petitioners unsuitable for absorption to the posts of Secretaries in the Centralized Service was set aside and the opposite parties were directed to reconsider the cases in the light of the observations contained in the judgment and after giving the petitioners adequate opportunity to explain the facts and circumstances which may be adversely considered against them. 13. In the present case even though according to the counteraffidavit filed on behalf of the State, the case of the petitioner was considered by the State Government, and he was not found suitable for absorption as Executive Officer of the Municipal Board. However, no order has so far been passed in this regard by the State Government and it will be necessary for the State Government to consider the petitioner's case afresh keeping in view the legal position as to the furnishing of adequate opportunity to the petitioner to explain the facts and circumstances which may be adversely considered against him. 14. For the reasons set out above, the writ petition has to be allowed and is allowed with the direction that the petitioner shall be treated to be working on the post of Executive Officer of the Municipal Board, Syana from 2051984 and shall be paid the salary and allowances admissible to this post. 14. For the reasons set out above, the writ petition has to be allowed and is allowed with the direction that the petitioner shall be treated to be working on the post of Executive Officer of the Municipal Board, Syana from 2051984 and shall be paid the salary and allowances admissible to this post. It is further directed that the petitioner shall be allowed to work on the said post and shall bepaid salary and allowances admissible to that post for so long as his matter for absorption as Executive Officer of class IV Municipality in the State is not considered again according to law and necessary orders passed in that behalf or any other contrary order permissible under the law is not passed. The order for the petitioner's transfer to Town Area, Barkot, district Uttar Kashi is set aside. In the facts and circumstances there shall be no order as to costs.