1. Aggrieved by order dated 29.03.2004 issued by Executive Engineer, Minor Irrigation Division, Alopi Bagh, Allahabad (hereinafter referred to as “EEMID, Allahabad”) terminating petitioner’s services referring to Chief Engineer, Minor Irrigation Division, U.P., Lucknow’s (hereinafter referred to as “CEMID, Lucknow”) order dated 24.03.2004, whereby office order dated 18.08.2003 was cancelled, present writ petition has been filed by petitioner-Vikas Mishra alleging that he was appointed on compassionate basis, hence said appointment could not have been terminated by treating the same as temporary and referring to U.P. Temporary Government Servants (Termination of Service) Rules, 1975 (hereinafter referred to as “Rules, 1975”).

2. Facts, in brief, giving rise to present writ petition are that Sri Manoj Shanker Mishra, father of petitioner, was working as Assistant Boring Technician in the office of EEMID, Allahabad. He died-in-harness in a Car accident on 22.02.1989 leaving behind widow, Smt. Shyama Devi and three sons including petitioner, i.e., Vikas Mishra, Vivek and Vinay. Age of three sons at the time of death of Sri Manoj Shanker Mishra was 9 years, 7 years and 5 years,