JUDGMENT

G. C. Mathur, J. - Respondent No. 3 (Daya Ram Verma) was appointed a temporary clerk in the Eduucation Department of the Zila Parishad, Faizabad, on December 26, 1962, in the leave vacancy of one Ram Kishore. After Ram Kishore rejoined duties on February 28, 1963, Daya Ram Verma was appointed in temporary capacity in a vacancy caused by the suspension of one amuna Chaubey from March 1963 On November 4, 1963, the nominated Adhyaksha confirmed the appointment of respondent No. 3. hereafter there were elections and he elected Adhyaksha took charge the office from the nominated Adhyaksha. On December 18, 1963, he elected Adhyaksha passed an or that the order of the nominated Adhyaksha, confirming Daya Ram Verma, was void, being against the revisions of Sec. 43(3) of the Zila Pairishads Act, that as such he may continue as a purely temporary and on the post on which he was originally appointed and that, after the expiry of the period for which he had been temporarily appointed, he would cease to function if he was not confirmed under Sec. 43(3) of the Act or removed before that period. Against this order Daya Ram Verma filed an appeal before the Commissioner, Faizabad Division.