Hon’ble A.P. Sahi, J.—Heard Sri Y.N. Dubey, learned counsel for the petitioner and Smt. Anita Tripathi, learned counsel for the Respondent No. 4 and learned Standing Counsel for the Respondent Nos. 1, 2 and 3 and perused the record.

2. The petitioner is the elder son of late Yogendra Nath Upadhyay who died in harness. This dispute concerns compassionate appointment as against the post held by Mr. late Yogendra Nath Upadhyay. The respondent No. 4 is the younger son. He Staked his claim on the ground that his father had executed a Will in his favour during his life time that, in the event he dies in harness, his younger son should be extended the benefit under the Dying-in-Harness Rules.

3. The matter travelled upto the District Inspector of Schools who has now passed the impugned order on 11th January, 2013 after considering the statement of the mother of the petitioner and also considering the documents on record.

4. The District Inspector of Schools recorded that the petitioner, according to his mother started living separately during the life time of his father and is also in temporary employment as a Safai Karmchari in the Panchyat Raj Department. Secondly, the District