SUDHANSHU DHULIA, J. –

This writ petition has been filed by the petitioner primarily for quashing the order dated 22.5.2006 (Annexure-9 to the writ petition) and also for a writ of mandamus directing the respondent to appoint the petitioner on Class III post under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (from hereinafter referred to as "the Dying in Harness Rules").

2. The case of the petitioner is that earlier he had filed a writ petition before this Court being Writ Petition (S/S) No. 1297 of 2005 Ravindra Verma v. D.M. Almora praying for a writ, order or direction in the nature of mandamus commanding the respondent to consider the case of the petitioner for appointment under the Dying in Harness Rules on a Class III post. The petitioner builds his claim for such appointment on the basis of his assertion that he is the "adopted son" of late Shri Shiv Prasad, who was working on Class IV post as a "Weaver" with District Magistrate, Almora, who died in harness on 22.3.2002. The petitioner claiming to be the "adopted son" of the deceased, had filed a Succession Case No. 15 of 2002 before the Civil Judge (Sr. Division), Almora,