BINITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner as well as learned Counsel for the State.

(2.) In this writ application, Petitioner has challenged a letter of the Collector, Jehanabad contained in Memo No. 1423 dated 27.11.2007 (Annexure-6) by which the Executive Engineer has been informed that the application of the Petitioner for appointment on compassionate ground has been rejected as there was no proof in the office in respect of marriage of Petitioner with the deceased employee as second wife.

(3.) Learned Counsel for the Petitioner submits that the Petitioner was married to the deceased employee after his first wife had already died. Therefore, the marriage of Petitioner with the deceased employee was perfectly legal and valid. He submits that accepting the validity of marriage of Petitioner with the deceased employee, Respondents, after death of the employee, had released the death-cum-retiral benefits in her favour also. He also submits that since being the Wife of the deceased employee, Petitioner was entitled for family pension, the same was also sanctioned in her favour. He submits that these acts of the Respondents show that Petitioner was admitted and acknowledged as legally wedded Wife of the deceased.