The need for a policy decision to address the entitlement of the dependents of a government servant who marries a second time during the lifetime of the first wife in relation to compassionate appointments.

1. Heard learned counsel for the parties.

2. Deceased late Md. Salauddin, a Government servant during his life time had married Mossmat Nuruj Nisha and also married Mossmat Jahanara Begam. From the first wife he had 7 children while from the second wife he had 2 children. The son from the first wife, namely, Mustaque Ahmad made an application for his appointment on compassionate ground but before anything could be done the second wife Mossmat Jahanara Begam made a written complaint that she along with her children have been ousted from the house, therefore, said Mustaque Ahmad is not entitled to any appointment on compassionate ground. The petitioner now is before this Court submitting inter alia that he being the son from the first wife is entitled to appointment and as during pendency of this writ application a no objection certificate in form of an affidavit has been sworn by the second wife Jahanara Begam, there is no impediment in his appointment on compassionate ground.

3. The respondents have submitted that in view of the said dispute the District Compassionate Appointment Committee directed the District Education Officer to make an enquiry and submit his report. The enquiry report was again considered and the authorities observed that the enquiry report being incomplete be furnished full, however, on 5.9.2003 the District Magistrate, Muzaffarpur sought clarifications from the Secretary, Personnel & Administrative Reforms Department vide his letter no. 1127 dated 5.9.2003 (Annexure- E to the counter) asking the authority that under these circumstances whether the second wife and her children would be entitled to appointment on compassionate ground. Unfortunately the said letter has lost its way somewhere in corridors of the Secretariat and no orders are being passed in the same.

4. Instead of entering into the controversy or considering the entitlement of the parties, I dispose of the writ application with a direction to the Secretary, Personnel & Administrative Reforms Department to issue proper directions in a matter like this. The directions should not be issued only to the District Magistrate, Muzaffarpur but should be issued to all concerned in form of a policy decision because such matters are seeing the light of the day many times. In case of a Mohammadan, who marries second time during the life time of the first wife, on one side the Government says that the Government servant is not entitled to marry second time while claimants say that under the personal law such a person is entitled to marry and in any case his wards or dependents cannot be refused the appointment on compassionate ground. Let necessary policy be framed and orders be issued within a period of four months from the date of submission of this order.

5. After the directions are issued, the District Compassionate Appointment Committee shall take up the matter of the petitioner and pass its final orders in the matter.

6. The petition is accordingly disposed of.