- (1.) BY the present writ petition, the pe titioner has prayed for a writ of certiorari quashing the order dated 26-12-2000 passed by respondent and further a writ of mandamus directing the re spondent to consider the appointment of the petitioner on class III post.
(2.) BRIEFLY stated the mother of the petitioner late Smt. Kiran Bala was working as Assistant Teacher in Basic School Bahadurpur, Khadar, Laxar, Haridwar, who died in harness on 23-6-98. The petitioner made an application on 12-11-1998 before the respondents for his\appointment on compassionate ground on a class III post. On 28-5-99 respondent passed the order appointing the petitioner on the post of peon though the petitioner having passed In termediate and was entitled to be ap pointed on class III post. On 16-9-2000 the petitioner sub mitted the representation before the re spondent no. 2 for appointing him on the class III post but no action has been taken on the representation of the peti tioner. The petitioner has submitted that at the time of his appointment on class IV post, there were three posts of class III lying in the respondent department and vide order dated 15-12-1999, re spondent no. 3 Km. Alka Rani and re spondent no. 4 Manoj Kumar were ap pointed on the posts of Assistant Clerk by the respondents under U. P. Recruit ment Dependants of Govt. Servants Dy ing in Harness Rules. The petitioner has also submitted that one Sri Bramha Singh was also given appointment on the post of Clerk.
(3.) ACCORDING to the petitioner there are still some vacant posts in Class III in the department and he may be given appointment against one of these posts. No Counter affidavit has been filed on behalf of the respondents al though opportunities were given to them.;