D. K. SETH, J. ( 1 ) IN writ petition No. 30121 of 1992, the petitioners father died in harness on 24-4-1982. The petitioner had applied for appointment under the Dying in Harness Rules on 6.-7-1991 but the same was not considered by the respondents. In the meantime on 30-7-1992 Regulations 101, 102 and 103 framed under the U. P. Intermediate Education Act, 1921 had since been amended and new provisions have been incorporated relating to appointment under Dying in Harness rules. In a notice appended to Regulation 103 as amended it has been pointed out that this regulation is applicable in those cases where the employees had died on or after 1-1-1981. The said regulation provides that if a teacher or non-teaching staff died in harness, in that event, one member of the family of the deceased would be given in a post of non-teaching staff. Relying on these provisions, Mr. Siddharth Verma, learned Counsel for the petitioner contends that the petitioner has become eligible under the said provisions on 30-7-1992 and as such he could maintain the writ petition. Since death had taken place on 24-4-1982 viz. , after the cut off date. The petitioner was ultimately given appointment on 25-10-1994 after being recommended on 8-2-1993 during the pendency of the writ petition. Normally the said writ petition would have become infructuous by reason of such appointment but there has been a dispute between the petitioner Ramesh Prasad and one Bisarajan Ram Khanwar petitioner in writ petition No. 14940 of 1992. By reason of such disputed fact the writ petition requires determination. ( 2 ) IN writ petition No 14940 of 1992 the said Bisarajan Ram Khanwar, petitioner in the said writ petition had claimed that a post of peon fell vacant on 30-6-1991 on account of retirement of one chatur Singh Yadav and the petitioner was given appointment on the said post and the relevant papers were submitted before the District Inspector of Schools by the Principal for financial sanction. The College Authority had made a representation to the District Inspector of Schools on 18-12-1991 for payment of salary to the petitioner therein. Despite such representation financial sanction has not been accorded. The College Authority had made a representation to the District Inspector of Schools on 18-12-1991 for payment of salary to the petitioner therein. Despite such representation financial sanction has not been accorded. ( 3 ) ON these background, Ramesh Prasad petitioner in writ petition No. 30121 of 1992 and bisaraj Ram Khanwar petitioner in writ petition No. 14940 of 1992 had been claiming appointment on the same post. Therefore, the question remains as to who could be appointed in the sad post. ( 4 ) MR. V. K. Singh, learned Counsel for the petitioner in writ petition No. 14940 of 1992 contends that since in 1991 Regulation 103 was not introduced, therefore, Ramesh Prasad could not have any claim in respect of vacancy that had occurred in 1991 against which Bisarajan rami Khanwar was appointed. Therefore, even if Ramesh Prasad is eligible or entitled his case may be considered in respect of vacancy that might have occurred after 1992 or that might remain vacant on that date. By reason of such introduction of amendment of the Regulation right that had accrued to Bisarajan Ram Khanwar, by reason of his appointment before the said amendment came into force, could not be taken away. Therefore, the District Inspector of schools should be directed to accord financial sanction to the appointment of Bisarajan Ram khanwar and the appointment of Ramesh Prasad may be considered in respect of some other post without effecting the right of Bisarajan Ram Khanwar. ( 5 ) I have heard learned Counsel for the parties at length. ( 6 ) THE father of Ramesh Prasad had died on 24-1-1982. Normally destitution cannot be said to be continued for such long period till 1992. But since the regulation itself had come into force on 30-7-1992 providing that this provision would be applicable in respect of those persons who had died on 1-1-1981 and thereafter, therefore, the petitioner Raniesh Prasad had acquired right to be considered for appointment on compassionate ground by reason" of Regulation 103 as amended with effect from 30-7-1992. Had there been any vacancy existed on 30-7-1992 Ramesh Prasad would have been entitled to be appointed-in-such vacancy or he might have been entitled to appointment on any vacancy that might have accrued after 30-7-1992. Had there been any vacancy existed on 30-7-1992 Ramesh Prasad would have been entitled to be appointed-in-such vacancy or he might have been entitled to appointment on any vacancy that might have accrued after 30-7-1992. The appointment given to ramesh Prasad on 25-10-1994 pursuant to the recommendation dated 8-2-1993 therefore is to be treated as against a post the vacancy whereof could have been existed on 30-7-1992 or might have come into existence after the said date. He could not claim any right to a post which ceased to be remain vacant before 30-7-1992. Inasmuch as by reason to the note though the benefit of regulation 103 is made available to a person on or after 1-1-1981 yet the same does not postulate by reason of such amendment the appointment already given to a person before 30-1-1992 would become void and nonest and be recalled. In order to appreciate the issue involved, the amended rules may be quoted hereafter. "101. The appointing authority shall not full any vacancy in the non-teaching staff of a recognised aided institution except with the prior approval of the Inspector. 102. A vacancy to be caused on account of retirement of an employee holding non-teaching post in a recognised aided institution shall be intimated three months before the date of his retirement and any vacancy occurring due to death, resignation or for any other reasons shall be, intimated within seven days from the date of its occurrence to the Inspector by the appointing authority. 103. In case an employee of teaching or non-teaching staff of a recognised aided institution who has been duly appointed in accordance with the prescribed procedure, dies in harness one member of his family not below the age of 18 years shall be given appointment to a non-teaching post notwithstanding anything contrary in the prescribed procedure for recruitment if such member possess requisite educational qualifications prescribed for the post and is otherwise suitable for appointment. Explanation.-For the purposes of this regulation member of family shall mean widow/widower, son unmarried or widowed daughter of the deceased. Note.-This Regulation and Regulations 104 to 107 shall apply in respect of those deceased employees also who dies on or after January 1. 1981". ( 7 ) THUS it appears that for the purpose of appointment in a post of non-teaching staff prior approval of the Inspector in required. Note.-This Regulation and Regulations 104 to 107 shall apply in respect of those deceased employees also who dies on or after January 1. 1981". ( 7 ) THUS it appears that for the purpose of appointment in a post of non-teaching staff prior approval of the Inspector in required. Admittedly, this requirement of prior approval of District inspector of Schools was introduced only after 30-7-1992 and no such requirement existed before 30-7-1992. Therefore, the appointment of Bisarjan Ram Khanwar has to be examined on the basis of the relevant rules or regulations that was existing on the date he was appointed. The question is dependent on the determination of the fact relating to the appointment of Bisarjan ram Khanwar which is required to be examined by the District Inspector of Schools while considering the question of granting financial sanction to such appointment. This Court sitting in writ jurisdiction cannot determine the said question which involves determination of finding of fact. At the same time by reason of Regulation 103 the petitioner Ramesh Prasad in writ petition no. 30121 of 1992 has also a right to be considered for appointment on compassionate ground particularly on the basis of note appended to Regulation 103 which provides that Regulations 103 to 107 shall apply in respect of those deceased employees also who died on or after January 1, 1981. Therefore, his case also requires examination as to whether vacancy had existed on or after 30-7-1992. If there is only one vacancy available, in that event, cases of both are to be weighed against each other and proper determination has to be arrived at by the District inspector of Schools with regard to the rival claim in the light of the observation made above. ( 8 ) IN such circumstances, the District Inspector of Schools is hereby directed to determine the rights or entitlement of the respective candidates viz. Ramesh Prasad petitioner in writ petition no. 30121 of 1992 and Bisrajan Ram Khanwar petitioner in writ petition No. 14940 of 1992 in accordance with law and according to the observation made hereinbefore after giving opportunity to both the candidates as well as College Authority in one transaction and determine the rival claim accordingly. Ramesh Prasad petitioner in writ petition no. 30121 of 1992 and Bisrajan Ram Khanwar petitioner in writ petition No. 14940 of 1992 in accordance with law and according to the observation made hereinbefore after giving opportunity to both the candidates as well as College Authority in one transaction and determine the rival claim accordingly. ( 9 ) BE that as it max, it may be noted that I have not entered into the merit of the respective claimants on facts apart from laying down proposition of law which are to be applied on the available facts. ( 10 ) SUCH consideration is to be made within a period of four months from the date of production of certified copy of this order before the District Inspector of Schools after giving opportunity to both the claimants as well as to the Committee of Management of the College represented by the principal or Secretary of the Committee of Management as the case may be. The College authority shall produce before the District Inspector of Schools all the relevant records relating to the case of Ramesh Prasad as well as that of Bisarajan Ram Khanwar within a period of two weeks from the date receipt of copy of this order. It would be open to the Ram Prasad and bisarajan Ram Khanwar to submit their written representations advancing their respective claims. ( 11 ) IT may also be noted that in the appointment letter issued to Ram Prasad it has been mentioned that supernumerary post is being created in which he was engaged. In that view of the matter he may be allowed to continue in such supernumery post till regular vacancy occurs, in case it is found that there is one post and the appointment of Bisarjan Ram Khanwar was validly and legally made. ( 12 ) WITH the aforesaid observation, this writ petition is disposed of finally. However, there will be no order as to cost. .