PARWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anjani Kumar, learned counsel for the petitioner in CWJC No. 15705 of 2007 and Murli Manohar Singh, learned counsel for the petitioner in CWJC No. 6794 of 2008 in these two cases as also the counsel for the State in the respective cases.

(2.) In both the writ applications the two petitioners in fact seek to achieve the same relief of appointment on compassionate ground for themselves by eliminating each other on the plea that they are dependants of sole bread earner late Lakhichand Mandal a peon in west Kosi Canal division, Khajauli (Madhubani). In CWJC No, 15705 of 2007 while the aspirant petitioner Parwati Devi is the widow of the deceased employee whereas in CWJC No. 6794 of 2008, the petitioner Mohan Mandal is the son of the deceased employee from his first pre-deceased wife Galab Devi.

(3.) Mr. Kumar, while supporting the case of the widow petitioner for her appointment on compassionate ground, would submit that there should be no difficulty in the appointment of the petitioner Parwati Devi inasmuch as, she, being the wife of the deceased employee, has a first right of consideration for appointment on compassionate ground specially when she is also fully eligible for such appointment. Mr. Kumar for this purpose also places reliance on the judgment of this Court in the case of Shabana Begum V/s. Bank of Baroda, 2001 1 PLJR 814, wherein, it has been held that in a scheme for providing compassionate appointment on preferential basis, the wife of the deceased employee, even by way of her second marriage, shall have a better claim in comparison to any other dependant including a son from either the first marriage or second marriage.