IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.901 of 2010 1. RAJESH PRASAD S/O LATE SURENDRA KUMAR 2. Smt. Lalita Devi, W/o. late Surendra Kumar, Both are R/O VILL MIRJANPUR, P.S.RAHUI, DISTT-NALANDA Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, WATER RESOURCES DEPARTMENT BIHAR, PATNA 2. THE CHIEF ENGINEER , WATER RESOURCES DEPARTMENT BIHAR, PATNA 3. THE DISTT. MAGISTRATE BHAGALPUR 4. THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTT COMPASSIONATE COMMITTEE BHAGALPUR 5. THE DEPUTY COLLECTOR , ESTABLISHMENT BHAGALPUR 6. THE EXECUTIVE ENGINEER, FIELD MACHINARY DIVISION BHAGALPUR ----------- 02. 23.06.2011 This appeal has been filed under the Letter Patent Act against the judgment and order dated 13.04.2010 passed in C.W.J.C. No. 2170 of 2008 by Hon’ble Mr. Justice Ramesh Kumar Datta, by which the writ petition of the appellants/petitioners has been dismissed. The appellants/petitioners had filed the writ petition for consideration of appointment of appellant No.1 on the compassionate ground as his father died in harness. The claim of the petitioner has been rejected on the ground that one brother of the petitioner is already in government service. Accepting that ground the learned Single Judge has also dismissed the writ 2 petition. The compassionate appointment is given to the dependent of the deceased. The elder son of the deceased was already in government service prior to the death of the deceased who died in harness. While he died in harness, the petitioner/appellant was depend on the father, therefore, as per rules the petitioner is fully entitled for being considered for appointment on compassionate ground as his elder brother being employed and married constituted different unit of family while the applicant was in the unit of the family of the deceased. Therefore, the order of the learned Single Judge is set aside. The State Government is directed to consider the case of the petitioner for compassionate appointment, as he has moved application of appointment within time ignoring the rejection order within a period of two month. Accordingly, the appeal is allowed. Mkr. ( Prakash Chandra Verma, J. ) (Aditya Kumar Trivedi, J.)