Anil Kumar, J. - (1.) HEARD Sri M.C. Yadav, learned counsel for petitioner, learned State counsel and perused the record.
(2.) FACTS in brief of the present case are that petitioner's father Sri Tribhuwan Dutta was working on the post of Lekhpal, District Barabanki, died on 14.01.1989 in harness. As there is no member to earn livelihood for the deceased family, as such petitioner submitted an application for considering his case for appointment on compassionate ground but no heed has been paid in the matter in question, hence for redressal of his grievances, petitioner approached this Court by filling Writ Petition No. 1744 (SS) of 1992 (Kailash Nath Vs. State of U.P. and others). In the said writ petition, on 30.03.1992 an order was passed, on reproduction, the same reads as under: The petitioner's father died in service. the petitioner made a representation for providing employment, under Dying in Harness Rules. Standing Counsel prays for and is allowed four weeks time to file the counter affidavit. The rejoinder affidavit may be filed within two weeks. List in July, 1992. The opposite parties are directed to take a decision in the above matter and if the petitioner is eligible for the post and is entitled to get the benefits under the above rules, then, the petitioner may be given employment in accordance with the rules within one month from the date of receipt of this order or file the counter affidavit."
(3.) IN pursuance to the said direction given by this Court by means of the order dated 01.06.1991 (Annexure No. 3 to the writ petition) the petitioner was appointed on the post of Class -IV employee in Tehsil, Rudauli, District Barabanki. However, by means of the impugned order dated 01.02.1993 (Annexure No. 1) passed by Tehsildar, Tehsil Raudauli, Barabanki, his services were terminated.;