Hon’ble Sudhir Agarwal, J.—Aggrieved by the order dated 18.9.2002 passed by respondent No. 2, Director, Panchayat Raj, U.P., Lucknow, rejecting claim of the petitioner for compassionate appointment under U.P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules 1974 (hereinafter referred to as “1974 Rules”), the petitioner has approached this Court by filing the present writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the aforesaid order and has also sought a writ of mandamus commanding the respondents to grant exemption to the petitioner from moving application after lapse of 5 years and to consider him for compassionate appointment against a class III post keeping in view his educational qualification.

2. Petitioner’s father late Ram Kishore Sharma was working as Village Panchayat Officer and died in harness on 2.8.1989. It appears that petitioner’s mother Smt. Satyawati Devi was sought to be given benefit of 1974 Rules by the respondents but she sent a letter dated 9.3.1992 stating that due to her mental condition she was not able to serve the department and since both of her sons were minor, till one of her son becomes major, a vacancy may be kept reserved for compassionate appointment under 1974 Rules. The mother of the petitioner also subsequently died on 19.3.1995. She was getting family pension in her lifetime but after her death, it was paid to the unmarried daughter, i.e. sister of the petitioner and after her marriage, the family pension was sanctioned to the minor sons through their legal guardian Sri Rajveer Sharma. The petitioner whose date of birth is 24.1.1983 passed his High School in 1997 and Intermediate in 2000 and submitted an application on 28.2.2001 before the District Panchayat Raj Officer, Aligarh, claiming compassionate appointment under 1974 Rules due to death of his father on 2.8.1989 stating that since now he has attained majority, he should be considered for the said appointment. He submitted a reminder letter dated 4.8.2001 and thereafter approached this Court in writ petition No. 18812 of 2002 having received no response from the respondents. The aforesaid writ petition was finally disposed of vide judgment dated 6.5.2002, permitting the petitioner to make a fresh representation before the Director, Panchayat Raj, U.P. Government who was further directed to decide the same within a period of three months. Pursuant to the said order, the petitioner appears to have made representation dated 11.6.2002 before the Director, Panchayat Raj, Lucknow who has rejected the same by order dated 18.9.2002 impugned in this writ petition. In order to complete the facts, Sri Singh, learned Counsel for the petitioner has informed that the petitioner had obtained his graduation degree in Commerce from Agra University in 2004.

3. The respondents have filed counter affidavit disputing the claim of the petitioner stating that initially after the death of father of the petitioner, the petitioner’s mother Smt. Satyawati Devi submitted an application dated 30th August, 1989 requesting to provide compassionate appointment to Sri Kishan Lal who was younger brother of her deceased husband. The claim could not be accepted since the brother of the deceased employee was not entitled for compassionate appointment under 1974 Rules. It is also said that the widow of the deceased employee also informed the authorities on 30.8.1989 that her children—two sons aged about five years and two years and a daughter aged about 12 years were minor and, therefore, none of them were eligible for compassionate appointment at that time. She also sent a letter dated 9.3.1992 requesting the authorities to keep a post vacant till one of her sons becomes major to get appointment. Further the petitioner’s application dated 28th February, 2001 which was received in the concerned office on 11th April, 2001. It was considered and by order dated 9th May 2001, the same was