JUDGMENT Ritu Raj Awasthi,J. Rejoinder affidavit filed today in Court is taken on record. 2. Heard learned counsel for petitioner as well as learned standing counsel and Mr. Ajay Pratap Singh, learned counsel for opposite party no. 1 and Mr. Ajay Kumar Singh Raj, learned counsel for opposite party no. 3. 3. The writ petition was filed in the year 1993 challenging the order of reversion dated 10.6.1993 whereby the petitioner has been reverted from the post of Accounts Clerk to the post of Safai Naik. 4. Learned counsel for petitioner submits that the petitioner was promoted on the post of Accounts Clerk vide order dated 18.11.1992. The said promotion was made by the competent authority i.e., Chairman, Town Area Committee, Kadipur, Sultanpur. The petitioner had joined on the promoted post and salary on the said post was also drawn, however, subsequently on the dictates of the District Magistrate his promotion order was cancelled and he was reverted to the post of Safai Naik. 5. Submission is that the District Magistrate has no authority to interfere with the promotion order of the petitioner as the same was passed by the competent authority and it is only the Chairman, Town Area Committee who could have reverted the petitioner. 6. Mr. Ajay Kumar Singh Raj, learned counsel appearing for opposite party, on the other hand, on the basis of counter affidavit submits that the petitioner was wrongly promoted on the post of Accounts Clerk. There was no sanction post of Accounts Clerk in the Town Area Committee, Kadipur. The District Magistrate under Section 34 (1) (b) of U.P. Municipalities Act on behalf of the State Government is fully competent to issue directions. 7. It is further submitted that the Chairman himself vide letter dated 14.5.1993 has passed the order wherein it has been specifically mentioned that no post of Accounts Clerk has been sanctioned by the State Government. 8. I have considered the submissions made by the parties' counsel and gone through the records. 9. The petitioner was promoted on the post of Accounts Clerk vide order dated 18.11.1992. 10. Learned counsel for petitioner has not been able to show that the post of Accounts Clerk was sanctioned by the State Government against which the petitioner could have been promoted, as such, the promotion of petitioner on the post of Accounts Clerk was not justified. 11. 10. Learned counsel for petitioner has not been able to show that the post of Accounts Clerk was sanctioned by the State Government against which the petitioner could have been promoted, as such, the promotion of petitioner on the post of Accounts Clerk was not justified. 11. It is to be noted that this Court vide interim order dated 07.07.1993 has stayed the operation of the impugned order and directed the opposite parties to allow the petitioner to work on the post of Accounts Clerk which shall be subject to the final decision in the writ petition. 12. It is informed by learned counsel for the petitioner that the petitioner, in pursuance of the interim order, has been allowed to continue on the post of Accounts Clerk and was also paid salary. 13. Learned counsel for the opposite party informs that, in fact, petitioner was paid salary on a class III post and he has never worked on the post of Accounts Clerk. 14. Be that as it may. 15. Since a considerable time has passed during which on the strength of interim order petitioner has continued to work and paid salary, as such, no recovery from petitioner shall be made and in case any post of Accounts Clerk has been, subsequently, sanctioned or is made available to the Town Area Committee, Kadipur, the claim of petitioner for appointment/promotion shall be considered, in case he falls within the eligibility zone and is entitle for the same. 16. Since the promotion of petitioner on the post of Accounts Clerk was without there being any sanctioned post, therefore, the promotion of the petitioner cannot be justified. The petitioner was rightly reverted by the impugned order. 17. The writ petition as such is dismissed.