S. N. Jha, J.

1. The question involved in this writ application is whether an adopted son of the deceased Government servant dying in harness in the state of Bihar is entitled to appointment on compassionate ground.

2. The facts of the case lie in a narrow compass. One Chamela Devi, employed as Ward Attendant at Dinara state Dispensary in the district of rohtas, died while in service on 7-9 78 According to the petitioner, she being issueless had adopted him as her son in the year 1960, when he was seven years old, as per the Hindu custom and law with the consent of her husband, since dead. Upon the death of Chamela Devi, the petitioner submitted application for his appointment on compassionate ground on 8-11-78. The application was duly recommended for consideration by the district Compassionate Appointment Committee He was called for interview. According to the petitioner, he was found fit for appointment by the committee and accordingly, by memo No.1049 dated 30-10-8 the District magistrate, Rohtas directed the Civil Surgeon to appoint him. However, the order of appointment was not issued. The petitioner in the circumstance came to this Court in C. W. J. C. No.4390 of 199