- (1.) Heard Sri A.K. Singh, learned counsel for the petitioner and Sri Rajeev Gupta Advocate for the respondents.
(2.) By this petition, the petitioner has challenged the order dated 22.8.2007 passed by District Judge, Sonebhadra contained in Annexure-7 of the writ petition, whereby the claim of compassionate appointment of petitioner in Judgeship, Sonebhadra under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 hereinafter referred to as the Dying in Harness Rules has been rejected. A further writ in the nature of mandamus is sought for directing the respondent No. 2 to appoint the petitioner on the post of peon under said Rules in Judgeship Sonebhadra.
(3.) The brief facts leading to the case are that one Sri Gopi Chandra Rajak working as peon in the office of District Judge, Sonebhadra died on 1.6.2002 while in service, leaving behind him Smt. Munna Devi his widow, Smt. Anita Devi married daughter, Sri Pramod Kumar Rajak, Sri Rajesh Kumar Rajak and Sri Kamlesh Kumar Rajak minor sons. At the time of death of Gopi Chandra Rajak the petitioner was only 12 years 11 months and 6 days old and was not eligible to get appointment under Dying-in-Harness Rules, therefore, his mother Munna Devi moved an application on 31.7.2002 contained in Annexure-1 of the writ petition, whereby she had sought her compassionate appointment on a suitable post under Dying-in-Harness Rules. Thereupon on the basis of report of 1st Additional District Judge, the District Judge, Sonebhadra (respondent No. 2) had passed an order on 9.12.2002, stating that under the recruitment rules educational qualification for Class 4th post is 8th class pass whereas Smt. Munna Devi has not at all received any education and under the provisions of Dying in Harness Rules, the educational qualification cannot be relaxed. It was also stated that the elder son of Smt. Munna Devi namely Pramod Kumar Rajak (petitioner) is near about 14 years old and after 4 years he will be eligible for such appointment hence two options were given to Smt. Munna Devi; first was that if Smt. Munna Devi insists for her appointment then the permission shall be taken from the Hon'ble High Court and second was that if she will like her son namely Pramod Kumar Rajak to be appointed as dependent of her husband his claim can be considered after completion of 18 years of his age on the expiry of 4 years only, accordingly she was asked to give her consent within 15 days. True copy of the order of respondent No. 2 dated 9.12.2002 is on record as Annexure-2 of the writ petition.;