Sudhir Agarwal, J. - (1.) Heard Sri Bhanu Bhushan Jauhari, learned counsel for petitioner and learned Standing Counsel for State of U.P., and perused the record.
(2.) Principal reliefs claimed in this writ petition reads as under: "(i) to issue writ order or direction in the nature of certiorari quashing order dated 10.5.2002 (Annexure No. 9). (ii) to issue writ order or direction in the nature of mandamus directing and commanding the respondents to treat the petitioner in service and to make regular payment of the salary and other allowances of the petitioner with effect from 1.11.2001 till retirement of the petitioner."
(3.) It is contended by learned counsel for petitioner that petitioner was appointed as Lower Grade Clerk in the office of Executive Engineer Bhawan/Marg Service Khand Lok Nirman Vibhag Bareilly on compassionate basis vide order dated 1.10.1999 passed by Chief Engineer, West Zone, Lok Nirman Vibhag, U.P. Bareilly on probation. Thereafter, show cause notice was issued to petitioner on 2.1.2002 stating that as father of petitioner died on 22.12.1984 and application for appointment on compassionate basis under U.P. Recruitment of Dependants of Government Servants (Dying-in-Harness) Rules, 1974 (hereinafter referred to as "Rules 1974") was submitted after more than 5 years, so he should show cause why his appointment be not terminated.;