MUSTAQUE AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Deceased late Md. Salauddin, a Government servant during his life time had married Mossmat Nuruj Nisha and also married Mossmat Jahanara Begam. From the first wife he had 7 children while from the second wife he had 2 children. The son from the first wife, namely, Mustaque Ahmad made an application for his appointment on compassionate ground but before anything could be done the second wife Mossmat Jahanara Begam made a written complaint that she along with her children have been ousted from the house, therefore, said Mustaque Ahmad is not entitled to any appointment on compassionate ground. The petitioner now is before this Court submitting inter alia that he being the son from the first wife is entitled to appointment and as during pendency of this writ application a no objection certificate in form of an affidavit has been sworn by the second wife Jahanara Begam, there is no impediment in his appointment on compassionate ground.

(3.) The respondents have submitted that in view of the said dispute the District Compassionate Appointment Committee directed the District Education Officer to make an enquiry and submit his report. The enquiry report was again considered and the authorities observed that the enquiry report being incomplete be furnished full, however, on 5.9.2003 the District Magistrate, Muzaffarpur sought clarifications from the Secretary, Personnel & Administrative Reforms Department vide his letter no. 1127 dated 5.9.2003 (Annexure- E to the counter) asking the authority that under these circumstances whether the second wife and her children would be entitled to appointment on compassionate ground. Unfortunately the said letter has lost its way somewhere in corridors of the Secretariat and no orders are being passed in the same.