S.N.JHA, INDU PRABHA SINGH
Malti Kumari – Appellant
Versus
State Of Bihar – Respondent
1. Whether a divorced daughter of a Government servant dying in harness is entitled to appointment on compassionate ground is the significant question which arises for consideration in this letters patent appeal. A learned Single Judge of this Court has dismissed the writ petition of the appellant whereby she had sought direction for her appointment on compassionate ground, observing that a married daughter is not one of the dependants of the deceased government servant in terms of the circular and the claim of the appellant that she is not on good terms with her husband is a pretext to get appointment. The appellant filed review petition being Civil Review No. 203 of 2000 pointing out, inter alia, that a competent Court has already granted decree of divorce. The learned Single Judge dismissed the review petition observing that the divorced daughter cannot be equated as unmarried daughter. He noted that no averment regarding any decree of divorce by the competent Court had been made in the writ petition.
2. It may be mentioned that a Division Bench of this Court in Usha Gaulam V/s. State of Bihar, 2001 (2) PLJR 201, approving the judgment of one of us has held that married
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