IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.159 of 2009 Arbind Prasad, son of Late Baban Prasad, Resident of Village-Ghunsari, P.S. Sikraul Lakh, District Buxar……………………………..Petitioner Versus 1. The State Of Bihar, through the Chief Secretary, Govt. of Bihar. 2. The District Officer - cum - Chairman, District Compassionate Committee, Buxar. 3. The District Education Officer, Buxar 4. The District Superintendent of Education, Buxar…………………………………………..…………....Respondents ----------- 2. 19.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. The case of the petitioner for his compassionate appointment was rejected by the District Compassionate Committee in its meeting held on 22.04.2006, precisely, on the ground that petitioner was the son of second wife of the deceased Government employee. In this regard learned counsel for the petitioner has referred to a judgment of the Division Bench of this Court in the case of Purushottam Kumar @ Purooshattam Kumar Vrs. The State of Bihar & others [2005 (3) PLJR 458] in which it has been held in specific terms that though during the lifetime of first wife, second marriage of the Government employee may be void but son born out from the second marriage has legitimate claim for compassionate appointment. 2 Learned counsel for the respondents after going through the said judgment fairly accepts that the case of the petitioner is fit to be reconsidered by the Committee in the light of the said pronouncement of the Division Bench. In the circumstances, the above proceeding of the District Compassionate Committee dated 22.04.2006 so far as it relates to the petitioner is quashed. The matter is remitted back to the District Compassionate Committee, Buxar to consider the case of the petitioner afresh, in the light of the judgment of the Division Bench of this Court in the case of Purushottam Kumar (supra). The case of the petitioner must be placed in the next meeting of the District Compassionate Committee which may be held after receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. B.T. (J.N.Singh, J.)