LAWS(JHAR)-2014-5-63

MANJHALI DEVI Vs. STATE OF JHARKHAND

Decided On May 05, 2014
Manjhali Devi Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner who is claiming herself to be the second wife of late Shobhit Singh who died in harness on 11th October 1999, has claimed compassionate appointment in place of the deceased employee, but the same has been refused in terms of letter of the respondent no. 2. The Secretary Personnel, Administrative Reforms and Raj Bhasha Department, Govt. of Jharkhand dated 14th February, 2012 (Annexure-3).

(2.) The case of the petitioner is that the deceased had two wives one namely, Saraswati Devi and the other the present petitioner. The petitioner pursued a Succession Case vide Succession Case No. 9/2000 before the 1st Additional District Judge, Seraikella which was disposed of on the basis of a compromise between the petitioner and the first wife Saraswati Devi on 10th January, 2007, as per Annexure-2, that the first wife Saraswati Devi will get 70% of the admissible amount and 30% of the amount shall be given to the second wife i.e. the petitioner. The claim for succession was made in respect of total amount of Rs. 2,72,258/- left behind by the deceased towards his death benefits and other dues.

(3.) Counsel for the petitioner has staled that such a compromise was arrived at on the basis that the first wife would not object to the claim of the petitioner for compassionate appointment, still respondents have not accepted the claim of the petitioner for compassionate appointment treating her to be the second wife Counsel for the petitioner has relied upon a judgment rendered by the learned Single Bench of this Court in the case of Yasmin vs. The State of Jharkhand & Others,2006 3 JLJR 110in support of his contention that if two marriages are permissible and both wives were living together and if the first wife gives no objection in favour of the second wife for compassionate appointment, respondent would not be entitled to refuse the claim for compassionate appointment of the second wife.