VINOD KUMAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT is not in dispute that the petitioner is the son of late Bishwanath Paswan, who was an employee of the Bihar State Electricity Board and died in harness. It is also not in dispute that he is the eldest child of the said Bishwanath Paswan. On death of Bishwanath Paswan in harness, petitioner applied for compassionate appointment. While the matter was being considered, private respondent no. 5 Most. Aisha Khatoon applied on behalf of her nine children alleging that the said Bishwanath Paswan had converted himself into a Muslim and then contracted second marriage with her and from that second marriage as Muslim he had nine additional children. They were also entitled to compassionate appointment. The authority of the Electricity Board now required the petitioner to get a Succession Certificate even though to their knowledge it was the son and therefore normally the eldest son is entitled to compassionate appointment. Compassionate appointment cannot be split up into different appointments. There can be only one such appointment. Further a Succession Certificate is granted in respect of debts and security of the deceased in terms of Section 373 of the Indian Succession Act and is limited to debt and security of the deceased. Neither the compassionate appointment is a debt nor security for which any Succession Certificate can be granted by any Court in this country.

(2.) LEARNED counsel for private respondent no. 5 submits that the right of Muslim widow cannot be defeated. All I can say is a person contracting second marriage and that too by converting to Muslim does show at his own peril. In view of the position being settled that normally the eldest son is entitled to compassionate appointment, I am left with no option but to direct the respondent - Board immediately to consider the application of the petitioner for compassionate appointment and if otherwise fit in law the appointment shall be conveyed to him to the exclusion of all others.

(3.) WITH the above observation and direction, this writ petition stands disposed of.