JUDGMENT :

Ashutosh Kumar, J.

Heard the learned counsel for the parties.

2. The petitioner, an applicant for being appointed as Child Constable on compassionate ground has challenged the order dated 17.07.2018 passed by the Senior Superintendent of Police, Patna whereby his claim has been rejected on the ground that he is the son of the deceased constable with his second wife and the first wife of the deceased constable is still surviving.

3. The rejection of the claim of the petitioner is thus on the basis of a circular of the Government contained in Letter No. 937 dated 23.06.2005 indicating that any government servant whether under the personal law or under an agreement has contracted second marriage during the subsistence and lifetime of the marriage with another person without the prior approval of the Government, children born out of such marriage would not be entitled for being considered for compassionate appointment.

4. Learned counsel for the petitioner submits that the aforesaid circular of the Government (Letter No. 937 dated 23.06.2005) has been held to be ultra vires the Constitution and arbitrary and has been set at naught by a Full Bench judgment of this Court in Bihar S