By means of this writ petition, the petitioner has prayed for a writ in the nature of mandamus commanding the opposite parties to pass appropriate order in pursuance to the Dying in Harness Rules for adjusting the petitioner on a regular post of Junior Clerk and grant him seniority from the date of his initial appointment on the post of Junior Clerk in the Directorate of Ayurvedic & Unani Services, with consequential benefits.

2. Submission of learned counsel for the petitioner is that petitioner's father was a Medical Officer in the Ayurvedic & Unani Services, U. P. who died on 24.6.1984 during service. The petitioner applied for appointment in the Department under Dying in Harness Rules. The petitioner was given appointment on 24.5.1995 on the post of Junior Clerk on a supernumerary post in the pay-scale of Rs. 950-1500 vide order dated 02.8.1996 the petitioner alongwith the post was transferred to the Head Office in the Directorate. Sub-clause (3) of Rule 8 of Dying in Harness Rules provides that in case no post is available then supernumerary post shall be created and the same shall continue till the availability of a regular post meaning thereby that a person appointed under Dy

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