IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1821 of 2010 Md.Ataur Rahman S/O Md. Habib R/O Vill Kaua More P.S. Barari Distt. Katihar. ..........Appellant/Petitioner Versus 1. The State Of Bihar. 2. The Secretary Primary Education Human Resources Development Department Government Of Bihar, Patna. 3. The District Magistrate, Katihar. 4. The District Compassionate Committee, Katihar. 5. The Deputy Development Commissioner, Katihar. 6. The District Superintendent Of Education, Katihar. 7. The Establishment Deputy Collector, Katihar. ................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. 385 of 2010 dated 30.09.2010. The appellant/petitioner claimed appointment under the Dying in Harness Rule, which was refused to him on the ground that the mother of the appellant/petitioner was also in the Government service. It is not disputed that the mother of the appellant/petitioner had retired before the death of the father of the appellant/petitioner. No doubt, compassionate appointment is given as a sustenance to the family of the deceased employee. The same provision for appointment in the Dying in Harness Rule gives source of livelihood which falls within the definition of life under Article 21 of the Constitution of India. Thus, this right is protected by Article 21 of the Constitution of India. Therefore, the application of the appellant/petitioner could not have been rejected on the ground that the mother of the appellant/petitioner was getting 2 pension. For the reasons recorded above, we direct the State Government to consider the case of the appellant/petitioner for appointment in Dying in Harness Rules. The Appeal is disposed off. Safik (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)