Children from second marriages are entitled to compassionate appointments under certain conditions.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 24.12.2025 1. Heard learned counsel for the petitioner.

2. No one appears for the respondents.

3. The petitioner in the instant application has prayed for quashing the decision of the Compassionate Committee dated 22.12.2020 issued vide Memo no. 16 dated 24.12.2020 whereby the respondents rejected the case of the petitioner for his appointment on compassionate ground in place of his father who died in harness on 12.2.2017.

4. It is the case of the petitioner that his father who was working as a Nulkup Driver in Minor Irrigation in Division Bhagalpur died in harness on 12.2.2017. The petitioner's father had performed two marriages. The petitioner being the son from the second marriage.

5. It is submitted by learned counsel for the petitioner that on the death of the petitioner's father, both the mothers of the petitioner entered into a compromise whereby the pension was drawn by Smt. Bhuto Devi, first wife of the deceased employee while it was agreed that the appointment on compassionate ground shall be given to the son of the second wife Manju Devi ie the petitioner herein. As required, affidavits sworn by both wives were enclosed with the petitioner's application. It is further submitted that no steps having been taken by the District Compassionate Committee, Bhagalpur on the application/representation filed by the petitioner, the petitioner moved this Court in CWJC no. 10630 of 2020 which was disposed of by order dated 26.2.2021 directing the petitioner to approach the District Magistrate-cum-District Compassionate Committee, Bhagalpur who was to take a final decision in this regard within a period of three months. 6. Learned counsel for the petitioner submits that during pendency of the aforesaid writ application itself in the meeting of the District Compassionate Committee held on 22.12.2020, the application for appointment of the petitioner on compassionate ground was rejected in view of the Personnel Department letter no. 937 dated 23.6.2005, Clause 3 where of provided that no person could enter into a second marriage during the lifetime of his spouse and if any employee performed a second marriage, on his death, the dependent of such employee would not be entitled for appointment on compassionate ground. Learned counsel further submits that the decision of the District Compassionate Committee in its meeting held on 22.12.2020 was communicated to the petitioner by letter dated 23.3.2021 (Annexure-4), impugned herein.

7. It is submitted that the said order is not sustainable in view of the Full Bench judgment dated 18.04.2019 of this Court passed in LPA no. 1305 of 2013 ( Bihar State Electricity Board and Ors. v. Chandra Shekhar Paswan and Ors. ) wherein the said circular on which reliance has been placed by the District Compassionate Committee in rejecting the application of the petitioner has been quashed.

8. Heard learned counsel for the petitioner and perused the material on record.

9. The facts having been stated in detail herein above, the same are not being repeated.

10. The relevant facts in brief are that on the death of father of the petitioner while in service on 12.2.2017, the petitioner who happens to be the son of the second wife of the employee filed his application for compassionate appointment which came to be rejected by the District Compassionate Committee in its meeting held on 22.12.2020, the Committee having placed its reliance on the Personnel and Administrative Reforms Department letter no. 937 dated 23.6.2005. A copy of the said letter has been brought on record as an Annexure-D to the counter affidavit filed on behalf of the respondent nos. 1 to 3 and 5. It may be stated here that the Circular no. 937 dated 23.6.2005 of the Personnel and Adm