IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13321 of 2007 SONI KUMARI, D/O LATE MOHAN PRASAD,R/O VILLAGE-NOAWAN, P.S. ASTHAWAN,DISTRICT- NALANDA. ……………………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE SECRETARY CUM COMMISSIONER, NALKOOP PRAVAGE MINOR ARRIGATION DEPARTMENT, VIKAS BHAWAN 1ST FLOOR, PATNA. 3.THE CHIEF ENGINEER, NALKOOP PRAVAGE, MINOR ARRIGATION DEPARTMENT, SHEIKHPURA, PATNA-14. 4.THE EXECUTIVE ENGINEER, NALKOOP PRAMANDAL BELAN BAZAR NEAR BAIDYNATH CINEMA HALL, MUNGER-811201. 5.THE DISTRICT MAGISTRATE, MUNGER. ………………………………RESPONDENTS. ----------- 02/ 11.04.2011 Heard counsel for the parties. The prayer of the petitioner for her appointment on compassionate ground cannot be allowed, inasmuch as, she is the married daughter of the deceased employee. The plea that at the point of time, when she had filed the application she was a unmarried daughter will be of little avail, inasmuch as, the moment, the petitioner’s application had remained pending and she had voluntarily performed her marriage, she became disqualified to get appointment on compassionate ground under the Government policy. That however, would not be the end 2 of the matter, inasmuch as, the reason which has been given in the counter affidavit for denying the compassionate appointment to the petitioner is that the mother of the petitioner herself had staked her claim for being appointed on compassionate ground. As the mother of the petitioner in capacity of wife of the deceased employee happens to be the first amongst the four categories of the dependent deceased employee having a preferential claim over three other categories of son, unmarried daughter and the widow of predeceased son the competent authority was correctly contemplating to appoint her on compassionate ground. Such stand of the respondents has to be accepted as a fair one, inasmuch as, the widow of the deceased employee being the wife has the first right of being considered for appointment on compassionate ground provided that she must be also eligible in terms of the Government policy for compassionate appointment. Here the petitioner has brought on record the nomination made by the deceased Government servant Mohan Prasad for the purposes of 3 group insurance, wherein he had claimed the age of his wife, the mother of the petitioner as 43 years. From the said document, it is also clear that such declaration was made by the husband of the petitioner sometime in the year 1988 and therefore, if the petitioner’s father, husband of Sarbila Devi, declaration in the group insurance pass-book is accepted, the age mother of the petitioner, Sarbila Devi, would be easily of 61 years in the year 2006, when the death of the deceased employee had taken place. This Court however, would not like to say anything more in this regard as petitioner has not impleaded her mother as respondent to this writ petition. Nonetheless the Official respondents would be under an obligation to make verification of the correct age of the mother of the petitioner, if a decision has been taken to appoint her in service. It goes without saying that the mother of the petitioner has already been appointed, the same will not be questioned by the petitioner now, but if her appointment is still in process the 4 authority himself would look into this aspect before appointing her on compassionate ground. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha,J)