Petitioner sought compassionate appointment after her father's death. Court held respondent no. 5, legally wedded wife, holds priority over petitioner, despite parenting issues. Writ petition dismissed.
Writ petition dismissed; no appointment directed for petitioner; respondent wife entitled to priority.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 1813 of 2015
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Sweta Prasad D/O Late Bishnudeo Prasad, Resident of Mohalla-Mithapur 'B' Area, P.S-Jakkanpur, District-Patna.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. For the State : Mr. Ravindra Kumar, Advocate For the Magadh University : Mr. Ritesh Kumar, Advocate For the Private Respondent/s : Mr. Amaresh Kumar Sinha, Advocate
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date: 20-08-2018
Nobody appears on behalf of the petitioner.
respondent no. 5 have been heard.
reliefs:
“I. For issuance of writ in the nature of mandamus directing the respondent authorities specially respondent nos. 2 to 4 to considered the representation dated 11.11.2009 of the petitioner, filed before the respondent on. 4 and to make the appointment of the petitioner on compassionate ground, as the father of petitioner namely Bishnudeo Prasad was working as the senior lecturer in J.D. Women’s College and died in harness on 26.10.2009
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at Tara Hospital, Patna and there is no other earning member in the family of the petitioner.
II. For issuance of writ in the nature of mandamus commanding upon the respondent authority specially respondent no. 4, to disposed of the representation dated 11.11.2009 of the petitioner to consider for the appointment of the petitioner on compassionate ground after the death of her father and the representation of the petitioner has been kept pending by the respondent authorities for a period of more than 4 years.
III. For any other relief or reliefs, the petitioner is found entitled in the facts and circumstances of the case.”
in harness while working on the post of Lecturer, Department of Botany, J. D. Women’s College, Patna. The dispute is with regard to compassionate appointment which the petitioner claims being the daughter from the first wife which is contested by the respondent no. 5, who claims to be the only wife of the deceased employee. It is also an admitted position that the petitioner’s mother was the first wife of the employee, who died on 26.10.2009. There was a decree in favour of the father of the petitioner of divorce from her mother. The respondent no. 5 married the employee on 02.09.2002. Thereafter, efforts have been made by the petitioner’s mother for challenging the ex parte decree of divorce dated 17.10.2001, but till date, no order has been passed on the same.
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no. 5, with the deceased employee was almost after 11 months of the decree of divorce from the mother of the petitioner, the marriage of respondent no. 5 with the employee is a valid transaction in the eyes of law. Even till date, the decree not being interfered with, the respondent no. 5 remains to be the only wife of the deceased employee.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U
3 issues framed by the court
Whether the legally wedded wife of the deceased employee has priority for compassionate appointment over the daughter from the father's first wife.
Whether the writ petition seeking appointment on compassionate grounds should be allowed given the status of the legal wife.
Whether the representation filed by the petitioner was disposed of within a reasonable time.
Sweta Prasad
State of Bihar
Vice Chancellor, Magadh University
Registrar, Magadh University
Principal J.D.Women's College
Vandana Sinha
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
