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 several representations and reminders, he filed writ petition referred herein before and while deciding said writ petition vide order dated 28. 11. 2007 this Court has directed the respondent no. 2 to decide the claim of compassionate appointment of petitioner within a period of three months. In pursuance thereof vide impugned order/letter dated 23. 2. 2008 the respondent no. 2 while deciding the representation of the petitioner has deferred the consideration of claim of compassionate appointment of petitioner and declined to appoint him at the moment on account of pendency of Suit No. 631 of 2004 in the court of Civil Judge (Junior Division), Deoria instituted by Sri Mohan Prasad son of Jaipati @ Jairasi Prasad respondent no. 3, hence this petition.

3. It is stated in writ petition that Late Triveni Prasad adopted the petitioner as his son during the life time of his wife when the petitioner was only two years of age. The adoption was made according to rites and after adoption, the petitioner has started living with his adoptive father and mother. The adoption deed was also got regisrered by Triveni Prasad, adoptive father of the petitioner which is on record as Annexure-2 of the writ petition. It is also stated that the wife of Triveni Prasad i. e. adoptive mother of petitioner had died earlier, therefore, the petitioner was only heir and legal representative of his adoptive father Triveni Prasad. Thus in his service book, he had also recorded the name of petitioner for the purpose of benefit of death-cum-retirement gratuity as well as for family pension. A copy of relevant extract of service book of Late Triveni Prasad is on record as Annexure-3 of the writ petition. It is also stated that the adoption of petitioner as son of Triveni Prasad was entered in the school register wherein the name of Triveni Prasad has been shown as father of petitioner. Even in the copy of family register issued by Gram Panchayat Mohan Mundera Vikas Khand, Rampur, district Deoria, which is native place of Triveni Prasad, the petitioner has been shown as adopted son of Late Triveni Prasad. A copy of family register issued by Gram Panchayat Mohan Mundera Vikas Khand, Rampur is on record as Annexure-5 of the writ petition.

4. In para 11 of the writ petition, it is stated that respondent no. 3 Mohan Prasad has no concerned with Late Triveni Prasad as he does not come within the purview of family of Triveni Prasad as defined under U. P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. Even in suit instituted by respondent no. 3 he has shown himself as son of Jaipati and not as son of Late Triveni Prasad. True copy of the plaint of suit no. 631 of 2004 instituted by Mohan Prasad in Civil Court, Deoria is on record as Annexure-8 of the writ petition. It is f

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