TARUN AGARWALA, J.

( 1 ) THE petitioners father was a permanent etnployet in the office of the Executive Engineer, betwa Canal Division Oraii in Jalaun, He Hied ill harness on 25. 2. 1989. Upon his death, the petitioner; mother, Smt Kewal, was given an appointment as a Class TV employee under the dying in Harness Ruiek She. also died in harness on 25. 11. 1999. The petitioner was a minor at the time of the death Of hermother and upon reaching the age of majority submitted an application before the Executive Engineer on 5. 7,2003, which was also within the stipulated period of 8 years, for an appointment on compassionate ground under the Dying in Jamess rules. The petitioner was informed that; the appointing authority, in cases of appointments under the Dying in Harness ,rules, was the Superinttinding Engineer and accordingly the petitioner vide an application dated. 28. 9. 2003, represented the Superintending; Engineer for an appointment on compassionate ground. The Executive Engineer by an order dated 2. 9. 2003 intimated the; petitioner that it " was not possible for the Department to appoint the petitioner on compassionate ground. Aggrieved, the petitioner filed Writ Petition No

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