Hon’ble Sabhajeet Yadav, J.—By this petition, the petitioner has challenged the letter/communication of Executive Engineer, Irrigation Department, Obra Dam Khand, Obra, Sonebhadra dated 23.2.2008 wherein it is stated that the compassionate appointment of petitioner would be considered after the decision in Original Suit No. 631 of 2004 instituted by Sri Mohan Prasad son of Jaipati in the Court of Civil Judge (Junior Division), Deoria. The aforesaid letter was communicated to the petitioner in pursuance of direction given by this Court in Writ Petition No. 58491 of 2007 decided on 28.1.2007, earlier filed by petitioner.

2. The brief facts of the case are that one Sri Triveni Prasad, who was a permanent class IV employee in the office of Executive Engineer, Irrigation Department, Obra Dam, Obra, district Sonebhadra/respondent No. 2, died while in service on 4.10.2003. The petitioner claims to be adopted son and dependent of said Triveni Prasad thus moved an application in the office of respondent No. 2 for his appointment on compassionate ground against class IV post on 13.1.2004. Since no action was taken by the respondent No. 2 for appointment of petitioner in spite of sev