IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1820 of 2010 Chandra Kishore Tiwary S/O late Surendra Tiwary R/O Vill. Mahendra P.O. Barka Balua P.S. Patahi Distt. East Champaran, Motihari. .........Appellant/Petiitoner Versus 1. The State Of Bihar Through The Chief Secretary Govt. Bihar R/O Patna. 2. The D.G. Cum I.G. Of Police, Bihar, Patna. 3. The D.I.G. Of Police, Darbhanga Range, Darbhanga. 4. The S.P., Samastipur. 5. The D.M. Samastipur Cum Chairman Compassionate Appointment Committee, Samastipur. ...........Respondents/Respondents ----------- 02 29.07.2011 Heard learned counsel for the appellant/petitioner and learned counsel for the State. This Letters Patent Appeal has been filed against the order of learned Single Judge passed in C.W.J.C. No. 4334 of 2010 dated 05.10.2010. The appellant/petitioner was appointed as ‘Bal Aarakshi’ under the Dying in Harness Rule, governing the appointment of ‘Bal Arakshi’ on account of death of a constable dying in harness. According to the learned counsel for the appellant/petitioner, the Rule further provides that on attaining the age of 18 years by the ‘Bal Arakshi’, he may be given appointment on the post of constable or in any other post. Appellant/petitioner applied for the post of constable but on account of shortage of height, he could not be appointed as constable, but he has been denied other appointment on the same ground as well. Rejection of his other appointment is than that of constable is contrary to appointment on compassionate ground. Therefore, the appeal is allowed, respondents are directed 2 to consider the case of the appellant/petitioner for appointment on any other post than that of constable as he was already appointed as ‘Bal Arakshi’ and has been given the benefit of the Rules. Appeal is disposed off. Safik (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)