( 1 ) HEARD Sri Manoj Mishra, Advocate, representing the Petitioner and Sri S. K. Garg, learned standing Counsel appearing on behalf of all the Respondent Nos. 1 and 2. Petition is finally decided at the admission stage as contemplated under rules of Court and also agreed by the learned Counsels for the parties.

( 2 ) ONE Shyam Narain Pandey (father of the petitioner) holding a Class HI post in a Department of Government of U. P. died on 29. 6. 1999. Petitioner applied for compassionate appointment, disclosing that he had passed Intermediate Examination, 1988 from U. P. Board. There is no explanation for the period between 1988 to June, 1999. Petitioner was given compassionate appointment under Dying in Harness Rules vide appointment letter dated 18. 4. 2000/ Annexure 6 to the Writ Petition mentioning that services of the Petitioner were absolutely temporary and liable to be terminated any time without prior notice. It also recited that Petitioners services were initially on probation of one year. Petitioner accepted, along with above conditions, the offer vide said appointment letter (Writ Petition Annexure-6) without raising objection regarding recital in the appoin