JUDGMENT

Sharad Kumar Sharma, J. - The petitioner to the present writ petition has prayed for quashing of the order dated 02.07.2019, which has been passed by respondent No. 3, herein and simultaneously a prayer of a writ of mandamus has also been sought to appoint the petitioner on a suitable post on compassionate grounds.

2. The brief facts, which has been brought on record, and pleaded by the petitioner in the present writ petition is, that he has contended, that his father, who was the confirmed employee and was working as class IV employee, as Anusevak in the School Education Department, had met with the sad demise on 16.02.2019. Subsequent to his death, being one of the members of the family, the petitioner has raised his claim to be considered for appointment on compassionate grounds; based on the qualification, which he had claimed to have possessed at the relevant point of time but the claim of the petitioner had been rejected by the impugned order dated 02.07.2019, on the ground that the elder brother of the petitioner and the elder son of the deceased since he was already employed in ITBP, hence in that eventuality, the claim of the petitioner under Rule 5 of the Dying-in-