N.K. Mehrotra, J. - (1.) By means of this writ petition, the Petitioner seeks the appointment against a Class IV post in Civil Court, Lakhimpur Kheri, under the U. P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the 'Rules').
(2.) According to the Petitioner, his father Shri Devi Prasad Mishra was a class IV employee in Civil Court, Lakhimpur Kheri. Shri Devi Prasad Mishra died on 21.9.1991 while in service. On 9.1.1993, the Petitioner applied for being appointed on a class IV post under the aforesaid Rules but to no effect.
(3.) At the time of the death of his father, the Petitioner was minor and he attained the majority on 20.11.1992. A counter-affidavit has been filed on behalf of the Respondent No. 2 District Judge, Lakhimpur Kheri. The case of the opposite parties is that at the time of the death of the Petitioner's father, his two sons namely Nand Kishore Mishra and Har Kishore Mishra were employed in the Judgeship on Class III and Class IV post, respectively. The third son of the deceased namely Shri Brij Kishore Mishra was major at the time of the death of his father. He did not come forward to apply for appointment. On 23.10.1991, the mother of the Petitioner requested the opposite party No. 2 to take her fourth son, the Petitioner in to employment but at that time, the Petitioner was minor. The then District Judge did not allow the employment because the two sons of the deceased were already in employment. The application of the Petitioner was not in accordance with the provisions contained in Rule 6 of the aforesaid Rules. The Petitioner did not furnish the requisite information as required under Rule 6 of the said Rules. The Petitioner did not disclose the financial condition of the family. The family of the Petitioner and his brothers is a joint family. The Petitioner did not file the "No Objection' from his elder brother who was also unemployed.;