( 1 ) BY means of this writ petition, under Article 226 of the Constitution, it is prayed that the order dated 20. 8. 1996, Annexure-8 to the writ petition, be quashed and the respondents be directed to appoint the petitioner under the U. P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 (hereinafter referred to as the Rules of 1974 ).

( 2 ) HEARD Sri A. K. Tewari, learned Counsel for the petitioner as well as learned Standing Counsel on behalf of the respondents.

( 3 ) SRI Ganga Prasad Tewari, employed as Constable (No. 1809) in Civil Police, was posted at south Malaka Police Station, Kotwali, district Allahabad. He was found missing from 16. 10. 1985 onwards. His family members were informed of the said fact on 23. 12. 1985. Retiral benefits were allowed to the family of Sri Ganga Prasad Tewari in the year 1991 treating him to be dead. The petitioner, who is son of Sri Ganga Prasad Tewari applied for appointment under the Rules of 1974 on compassionate ground. It is alleged that since Ganga Prasad Tewari, father of the petitioner has not been seen alive since 16. 10. 1985, after the expiry of period of seven years a presumption has