Letters Patent Appeal No.1086 OF 2000. - - - - - Against the judgment and order dated 3rd July 2008 passed in C.W.J.C.No. 4346 of 2000. - - - - - UMESH KUMAR--------------------------------Appellant. Versus THE STATE OF BIHAR & ORS-----------Respondents. - - - For the appellant : Mr. L.N.Das, Adv. For the State : Mr.Shahi Bhushan Kumar,SC 16. Mr.Kumar Pankaj, JC to SC 16 P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH. THE HON'BLE MR. JUSTICE CHANDRA MOHAN PRASAD. Barin Ghosh & C.M.Prasad,JJ Father of the appellant, an employee of the State Government, died in harness. The State Government has propounded a policy whereunder if an employee of the State Government dies in harness, a member of his family as particularized in the policy, including the son of the deceased employee, is entitled to be considered for appointment in the State Government on compassionate ground. The Policy makes it clear that the claim for compassionate appointment shall be processed through the Establishment Committee and that appointment on compassionate ground can only be made on the basis of recommendation of the Establishment committee. In the instant case, the Establishment Committee found that the appellant is fit to be appointed in - 2 - a Class-III post and, accordingly, made a recommendation to that effect. The appellant was, however, offered appointment in a Class-IV post which was accepted by the appellant and, accordingly, he became a class-IV employee of the Government. Thereafter he made representations and ultimately filed a writ petition seeking to be appointed on compassionate ground in a Class-III post, inasmuch as the recommendation to appoint him was made by the Establishment Committee in a Class-III post. Until such time, the appellant was not an employee of the Government, he was not bound by any of the Rules framed by the Government governing the service conditions of the employees of the Government. The moment the appellant became an employee of the Government, he became bound by all the Rules framed by the Government in relation to service conditions of the employee of the Government. One of the Rules so framed permits a Class-IV employee to be promoted to a Class-III post, but the procedure laid down therefor has not yet been complied with by the appellant. The moment the appellant accepted appointment in - 3 - a Class-IV post, his right to be considered for appointment on compassionate ground in accordance with the policy of the Government stood exhausted. For the reasons as above, the writ petition of the appellant failed and the same was dismissed by the judgment and order under appeal. For the reasons indicated above, we do see no reason to interfere with the judgment and order under appeal and, accordingly, the appeal is dismissed. Patna High Court Dd. 11th Sept.2008 N.A.F.R. Jay/ (Barin Ghosh,J) (C.M.Prasad,J)