RANDEEP MURMUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioner presumably under Order 6, Rule 17 of the Code of Civil Procedure for amendment to the writ petition. Under the proposed amendment, the petitioner has challenged the constitutional validity of the Government Circular dated 23rd June, 2005 debarring the children of the Government servants born of the second marriage contracted during the subsistence of the first marriage from the benefits of compassionate employment. The application is allowed. Amendment to the writ petition will be carried out in red ink within ten days, failing which the amendment shall stand rejected.

(2.) This writ petition under Article 226 of the Constitution of India is placed before us under the reference made by the learned single Judge under order dated 16th December, 2011.

(3.) The petitioner is the son of one Parmeshwar Murmu born of the second marriage of Parmeshwar Murmu while his first marriage was subsisting. The said Parmeshwar Murmu while working as Hawaldar in Bihar Police Service died in harness on 3rd October, 2006. Consequent to his death, the petitioner being the dependent son applied for compassionate employment. The said application has been rejected on 27th March, 2009 on the sole ground that the petitioner's father had, without the permission of the State Government, contracted second marriage while his first marriage was subsisting.