( 1 ) HEARD counsel for the parties and perused the record.

( 2 ) THE father of the petitioner, Sher Ali Khan, who was working as Junior Engineer at Nagar panchayat, Moradabad died in harness on 14. 6. 1999. The District Magistrate, Rampur vide order dated 13. 5. 2003 directed respondent no. 2, Director, Sthaniya Nikaya, Uttar Pradesh, Luckow to give appointment to the younger brother of the petitioner namely Sher Muzahid Khan on the available class III post but no appointment was given. Since, in the mean time, Sher Muzahid Ali khan younger brother of the petitioner was selected for the course of Master degree in computer application, the petitioner applied to the District Magistrate. Rampur for appointment under the dying in Harness Rules on 15. 9. 2003.

( 3 ) THE District Magistrate made recommendation in the case of the petitioner vide letter dated 28. 10. 2003 to respondent No. 2 for necessary direction in the matter of compassionate appointment to the petitioner which remained unactioned till date.

( 4 ) IN the circumstances, the petitioner filed Civil Misc. Writ Petition No. 50612 of 2003 which was disposed of vide order dated 13. 11. 2003 with a direction