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

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