Heard Sri A.K. Singh, learned counsel for the petitioner and Sri Rajeev Gupta Advocate for the respondents.

2. By this petition, the petitioner has challenged the order dated 22.8.2007 passed by District Judge, Sonebhadra contained in Annexure-7 of the writ petition, whereby the claim of compassionate appointment of petitioner in Judgeship, Sonebhadra under the U.P. Recruit­ment of Dependents of Government Servants Dying-in-Harness Rules, 1974 hereinafter re­ferred to as the Dying in Harness Rules has been rejected. A further writ in the nature of mandamus is sought for directing the respondent No.2 to appoint the petitioner on the post of peon under said rules in Judgeship Sonebhadra.

3. The brief facts leading to the case are that one Sri Gopi Chandra Rajak working as peon in the office of District Judge, Sonebhadra died on 1.6.2002 while in service, leaving behind him Smt. Munna Devi his widow, Smt. Anita Devi married daughter, Sri Pramod Kumar Rajak, Sri Rajesh Kumar Rajak and Sri Kamlesh Kumar Rajak minor sons. At the time of death of Gopi Chandra Rajak the petitioner was only 12 years 11 months and 6 days old and was not eligible to get appoint­ment under Dying-in-Harness Rules, therefore, his mother Munna Devi moved an application on 31.7.2002 contained in Annexure-1 of the writ petition, whereby she had sought her compassionate appointment on a suitable post under Dying-in-Harness Rules. Thereupon on the basis of report of 1st Additional District Judge, the District Judge, Sonebhadra (respon­dent No.2) had passed an order on 9.12.2002, stating that under the recruitment rules edu­cational qualification for class 4th post is 8th class pass whereas Smt. Munna Devi has not af all received any education and under the provisions of Dying in Harness Rules, the edu­cational qualification cannot be relaxed. It was also stated that the elder son of Smt. Munna Devi namely Pramod Kumar Rajak (petitioner) is near about 14 years old and after 4 years he will be eligible for such appointment hence two options were given to Smt. Munna Devi; first was that if Smt. Munna Devi insists for her appointment then the permission shall be taken from the Hon'ble High Court and second was that if she will like her son narnely Pramod Kumar Rajak to be appointed as dependent of her husband his claim can be considered after completion of 18 years of his age on the expiry of 4 years only, accordingly she was asked to give her consent within 15 days. True copy of the order of respondent No.2 dated 9.12.2002 is on record as Annexure-2 of the writ petition.

4. It is stated that in pursuant to the said order, Smt. Munna Devi moved an application before the respondent No.2 on 23.12.2002 re­questing that if she is not eligible for appoint­ment as dependent of her husband then she gives her consent to appoint her son Sri Pramod Kumar Rajak, after completion of his 18 years age. Thereafter Smt. Munna Devi moved another application on 21.3.2006 as per direction of respondent No.2 dated 9.12.2002 requesting to appoint her son (petitioner) as dependent of her husband when he would at­tain the age of majority i.e. 18 years by 5.6.2007. On 22.6.2006 the District Judge had passed an order on the said application direct­ing to put up the same before him when the petitioner would attain the age of 18 years. A copy of said application moved by the mother of the petitioner bearing order dated 22.6.2006 passed by the District Judge, Sonebhadra is on record as Annexure-4 of the writ petition.

5. It is stated that on completion of his age of 18 years the petitioner has also moved an application on 3.7.2007 before the respondent No.2 for his appointment under Dying-in-Har-ness Rules, annexing his High School pass mark sheet and High School certificate and other certificates including no objection cer­tificate of his mother. Thereupon on the same day the District Judge directed the Incharge Officer Nazarat Civil Judge (Senior Division), Sonebhadra to submit report and after

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