SUMAN SAURAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State. The father of the petitioner died in harness on 2.9.2007. The Superintendent of Police, Madhepura, recommended his case for compassionate appointment on 12.4.2008. The appointment having remained elusive, the petitioner has preferred the writ application.

(2.) LEARNED counsel for the petitioner submits that he is the offspring from the second marriage solemnized by the father while the first wife was still alive. There is no bar for consideration of his claim on that ground specially when there is no other claimant for compassionate appointment. The entire purpose of compassionate appointment is to save the family from destitute and penury. The first wife Most. Kunti Devi has also sworn an affidavit that she had no objection to the petitioner being considered. Virendra Paswan and Satyandra Paswan who are the elder to the petitioner born from the first marriage have also filed an affidavit of no objection to the petitioner being considered. Reliance is placed on a judgment of the Supreme Court in : A.I.R. 2008 SC 1420 (Vidyadhari & Ors. vs. Sukhrana Bai & Ors.) that the petitioner, even as the offspring of the second marriage is entitled to succession to the estate of the deceased. Reliance is further placed on a Bench decision reported in : (2005) 2 PLJR 467 (Abshar Ahmad @ Aabshar Ahmad Vs. Bihar State Electricity Board & Ors.) interpreting Rule 23 of the Bihar Government Servant Conduct Rules, 1976 that the second marriage cannot be an absolute bar to consideration and the principle of deemed approval can be applied to fulfill the purpose of a compassionate appointment.

(3.) IT was lastly submitted that despite all issues, it is not in dispute that the petitioner is the offspring of the deceased. If the deceased committed any error in not seeking permission under Rule 23 before remarriage, the petitioner should not be visited with such a serious consequence of debarring him from consideration. A sympathetic view on equity may be taken keeping in mind that the claim is one for compassionate appointment.