IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.359 of 2006 MOST. LALITA DEVI, widow of late Ganauri Prasad, resident of village- Baranwa, Kako Pali, Police Station Kako, District- Jehanabad. … Petitioner. Versus 1. THE STATE OF BIHAR , through the Secretary Water Resources Department, Sinchai Bhawan, Patna. 2. Director, Land Acquisition and Rehabilitation, Water Resources Department Sinchai, Bhawan, Patna. 3. Special Land Acquisition Officer, Special Land Office, Sone Project, Aurangabad. … Respondents. ----------- 6. 28.03.2011 No one appears for the petitioner. Earlier also this case was dismissed for default on 10.12.2008 which was subsequently restored by order dated 28.4.2009 in MJC No. 3647 of 2008. Let it be noted that when the writ application was earlier taken up for the first time, the petitioner was directed to produce documentary evidence in support of submission that she had applied for appointment on compassionate ground within five years of the period of death of her husband. No such supplementary affidavit enclosing the document of filing of such application in the prescribed format has been produced by the counsel for the petitioner and therefore it would be very difficult for this Court to hold that the application of the petitioner for appointment on compassionate ground was filed within the prescribed period. 2 Additionally, learned counsel for the respondent would invite attention to a declaration by the deceased employee concerned on 25.6.1986 wherein he had named Jharia Devi as his only legally wedded wife. Said Jharia Devi has subsequently died leaving behind five daughters, the last one of which was aged about seven years on the date of the death of the employee. It is, therefore, very difficult to accept the case of the petitioner that she was a legally married second wife and in fact from an affidavit filed by the uncle of the deceased employee it would appear that the son from his first wife, Om Prakash, was himself seeking appointment on compassionate appointment to support the family of the deceased employee. Amongst these facts, when the petitioner even would not disclose the date of her marriage with the deceased employee and that the whole of issue of succession seems to be under litigation for issuance of a succession certificate in the Civil Court as has been also admitted by her in paragraph 7 to her rejoinder affidavit, this Court would find it difficult to issue any direction for appointment of the petitioner on compassionate ground. 3 In that view of the matter, the petitioner, if so advised and interested in claiming appointment on compassionate ground, will have to file a title suit seeking declaration that she was duly married wife of the deceased employee and that she has a better claim of being appointed in comparison to any of five children of the deceased employee from his first wife. In view of the aforementioned aspect, this Court would not adjudicate as to whether the nature of temporary employment of the husband of the petitioner, the alleged husband of the petitioner deceased employee by itself would disentitle her to claim appointment on compassionate ground inasmuch as a work charge employee after being regularized is definitely entitled to claim all the benefits of employment including counting of period of service rendered as work charged employee as also other benefit admissible to such regularized employee. The claim of compassionate appointment of the petitioner therefore would remain squarely dependent on her status as wife and competing claim of her appointment vis-a-vis appointment of any other dependent from the first wife of the deceased employee. 4 With the aforementioned observation, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)