JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri R.P. Mishra, Advocate, holding brief of Sri S.K.S. Baghel, learned counsel for petitioner, learned Standing Counsel for respondents and perused the record.

2. Petitioner's father Sri Ram Singh Beldar was working in U.P.P.W.D. and died in harness whereupon vide order dated 30.3.1983 Executive Engineer, National Highway, Construction Division, U.P.P.W.D., Agra appointed petitioner on temporary basis as Beldar in Work Charge Establishment. Thereafter on 4.8.1999, an order was issued by Chief Engineer, Agra Region, P.W.D., Agra that those Work Charge Employees, who have worked continuously for five years may be regularized. Pursuant thereto Executive Engineer, Provincial Division, P.W.D., Agra passed an order dated 11.5.2000 regularizing petitioner on temporary basis with effect from 1.5.2000.

3. Subsequently, order dated 4.8.1999 issued by Chief Engineer, Agra and dated 11.5.2000 issued by Executive Engineer, Provincial Division, Agra, have been cancelled vide impugned order dated 22.7.2000.

4. It is contended that firstly compassionate appointment is given in substantive capacity and, therefore, there is no occasion for regularization on temporar