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 daughter is not eligible for compassionate appointment. The question is whether divorced daughter is to be treated at par with unmarried daughter for the purpose of compassionate appointment?

3. The case of the appellant is as follows. Her father, late Ramoalak Singh, died in harness on 17-9-1993 leaving behind a widow and two daughters including the appellant, she being the younger one. The elder daughter was already married. The appellant was also married but there was estranged relationship with the husband. He abducted the appellants mother giving rise to Ghoshi P.S. Case No. 197/93. In the circumstances, she filed application for her compassionate appointment as a dependant of her deceased father. Her claim was supported by the District Magistrate, Jehanabad and, later by the Law Department/Advocate-General, Bihar. Though the opinion of the Law Department/Advocate-General was generally accepted by the State Government, the Government took the view that it required amendment in the circular and the matter thus remained pending. Meanwhile, the appellant filed Divorce Case No. 9/94 which ended in decree of divorce on 31-7-1996. Finally, as no concrete action was being taken on the application, the appellant approached this Court, seeking appropriate direction in the connected case i.e. C.W.J.C. No. 1079/2000 which was dismissed on 11-7-2000. The case of the appellant is that her marriage with Ramashish Yadav which was solemnised in the lifetime of her father had run into rough weather from the very beginning. On account of estranged relationship she was not living with the husband and, in the circumstances, she should be treated as dependant of the father. In any view, the marriage having eventually culminated in divorce, she cannot be treated as married daughter and, therefore, ineligible for appointment on compassionate ground.

4. It is relevant to state at this stage that in terms of circular No. 13293 dated 5-10-1991 of the Personnel and Administrative Reforms Department, Government of Bihar, which holds the field on the subject of compassionate appointment, one of the dependants of the Government servant dying in harness can be appointed on compassionate ground. Wife, son, unmarried daughter and widow of deceased son have been specified as dependants. In terms of the circular, it is they alone, in that order of preference, who are eligible for appointment. The circular clarifies that adopted son, son-in-law, nephew, etc. shall not be treated as dependants.

5. Counsel for the appellant submitted that the learned Single Judge committed error of record in observing that the case of the appellant that she was not on good terms with her husband was a pretext to get appointment on compassionate ground; the fact is that by the time the writ petition