IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6442 of 2007 RAJESH KUMAR RANJAN, son of late Mahavir Prasad Das, resident of Gangialla Ward No. 9 (Gautam Nagar), Post- Saharsa, P.S. + District- Saharsa. ……. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector Saharsa cum Chairman of Compassionate Samiti, Saharsa. 3. The Establishment Deputy Collector, Saharsa. 4. The Superintendent of Police, Saharsa. 5. The Secretary, Personnel Department, Bihar, Patna. 6. The Chief Secretary, Bihar, Patna. …… Respondents. ----------- 2. 01.04.2011 Having heard learned counsel for the parties as also taking into account that the appointment of the petitioner on compassionate ground has been rejected by the authorities vide order dated 10th July 2006 as contained in Annexure-6 only on the ground that the petitioner was the son of second wife of the deceased employee, this Court must hold that the impugned order cannot be sustained in law inasmuch as this aspect has been stood settled in the judgment of this Court in the case of Raj Kishore Kumar vs. State of Bihar & Ors., reported in 2009(2) PLJR 276 wherein this Court following the laid down in the case of Purushottam Kumar @ Purooshattam Kumar vs. the State of Bihar & Ors, reported in 2005(3) PLJR 2 458 has held that though the second wife will not get the status of a legally wedded wife, yet children born out of such marriage would be considered legitimate and have all right as that of children born from the first wife. In that view of the matter, this Court would set aside the impugned order as contained in Annexure- 6 and remit the matter back to the competent authority for reconsidering the case of the petitioner strictly in accordance with law. As the petitioner’s father had died on 19.5.2002 and the authority had taken more than four years in deciding the case of the petitioner before passing the impugned order on 10th of July 2006 whereafter this writ petition had remained pending for next four years, this Court would direct the concerned respondent to ensure that a final decision is taken as with regard to the appointment of the petitioner on compassionate ground within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.) 3