JUDGMENT :

1. Heard Sri Laxmi Kant Pathak, learned counsel for petitioner as well as learned Standing Counsel for the respondents.

2. Learned counsel for petitioner has submitted that the mother of the petitioner Smt. Durgawati Dwivedi was working on the post of Senior Assistant in Government Polytechnic, Pratapgarh died in harness on 24.09.2021. She survived by her husband Sri Prem Kumar Dubey, one son (petitioner) and one daughter.

3. On death of Smt. Durgawati Dwivedi, the petitioner moved an application for appointment under dying in Harness Rules, 1974 claiming appointment on compassionate ground. His application has been rejected by means of impugned order dated 23.08.2022 passed by Director, Technical Education, Uttar Pradesh on the ground that the father of the petitioner, Prem Kumar Dubey was working in the Labour Department in Government of U.P. and has subsequently retired and is receiving pension from the State Government.

4. It has further been stated that in terms of rule 5 of Dying in Harness Rules, it is provided that in case the spouse of the deceased Government servant is an employee of the Central Government or a State Government then he or she shall not not be e