Devendra Kumar Arora, J. - (1.) HEARD learned Counsel for the parties.
(2.) BY means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the opposite parties to give the employment to the petitioner under Dying in Harness Rules on the post of Peon. Submission of learned Counsel for the petitioner is that father of the petitioner who was appointed on the post of Chaukidar in Saryu Canal Division IV, Bahraich, died in harness on 26.11.1987. His wife, Smt. Kiran Devi, applied for her appointment on compassionate ground and her appointment was made on 15.07.1988. Later on, petitioner's mother namely, Smt. Kiran Devi also died on 14.01.1990 and at that time son of Smt Kiran Devi (petitioner) was about five years, being his date of birth 11.06.1985. Further submission is that since the petitioner was the only issue of his parents, at that time petitioner's grand father namely Brij Lal who was then alive, moved an application dated 22.02.1994 to the opposite party No. 2 stating therein that the petitioner is minor and he is moving an application for his appointment on his being major.
(3.) IT is also submitted by learned Counsel for the petitioner that the opposite parties had assured the grand father of petitioner that when petitioner would become major, he would be given appointment on compassionate ground.;