JUDGMENT :

1. Heard Sri Ashok Khare, learned Senior Counsel, assisted by Sri Anurag Ojha, learned counsel for the petitioner/appellant, Sri Mrigraj Singh, learned counsel for the respondent nos. 2 and 3 and Sri Manvendra Dixit, learned counsel for the respondent no.1.

2. Briefly stated facts of the present case are that the appellant/petitioner is the son of the deceased, namely, Gyan Chand Upadhay, who was working as Assistant Teacher, and has died on 07.07.1991. According to the petitioner/appellant, he was about 8 years old at the time of death of his father. His mother, namely, Shashi Kala, made an application on 23.07.1992 before the District Basic Education Officer, Jaunpur, seeking appointment on compassionate ground, which was followed by a representation dated 14.10.1991 and reminders dated 23.09.1993, 17.07.1994 and 07.11.1995, but the appointment was not granted. The petitioner/appellant passed his Intermediate Examination in the year 2001 and thereafter did graduation from Purvanchal University, Jaunpur. Thereafter, he filed Civil Misc. Writ Petition No. 71340 of 2007, which was finally disposed of by order dated 09.02.2007 providing that the petitioner/appellant may file