JUDGMENT :

1. Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri Govind Narain Srivastava, learned Standing counsel for the State respondent.

2. By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent nos. 3 and 4 to appoint the petitioner under Dying in Harness Rules on any Class IV post in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia.

3. The brief of facts of the present case are that the mother of the petitioner namely Janki Devi was working as Class IV employee (Sweeper) in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia who died on 29.6.1999 in harness during service period. After the death of his mother, petitioner applied for appointment on compassionate ground under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (herein after referred to as the 'Rules of 1974') before the Principal Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia on several occasions thereafter, Principal of the Institution forwarded the application of the Petitioner on