IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3196 of 2009 KABUTARI DEVI, W/O LATE SWAMINATH, RESIDENT OF VILLAGE – THEPAHA BAZAR, POST OFFICE – THEPAHA BAZAR, P.S. – JIRADAI, DISTRICT – SIWAN ................................... PETITIONER Versus 1. THE UNION OF INDIA THROUGH THE HOME SECRETARY, GOVT. OF BIHAR. 2. THE ZONAL MANAGER, NORTH EASTERN RAILWAY, GORAKHPUR (U.P.) 3. THE CHIEF SECURITY COMMISSIONER, NORTH EASTERN RAILWAY, GORAKHPUR (U.P.) 4. THE DIVISIONAL SECURITY COMMISSIONER, NORTH EASTERN RAILWAY, VARANASI (U.P.) 5. THE CHIEF DIVISIONAL COMMISSIONER, N.E. RLY. VARANASI, DIVISION VARANASI (U.P.) 6. D.G. RAILWAY SECURITY FORCE, RAILWAY, GOVT. OF INDIA, RAILWAY BOARD, NEW DELHI – 1100001. ...................................... RESPONDENTS ----------- 2. 17.3.2009 There is no clear cut averment in the writ application whether the husband of the petitioner was still in service, while he was facing trial under Section 3 of the Railway Property (Unlawful Possession) Act, 1966. Coupled with the fact that the husband of the petitioner died way back in the year 1999, there is no reason for this court to pass any direction for her appointment on compassionate ground even though the husband of the petitioner was exonerated and given benefit of doubt by the criminal court way back in the year, 1976. More so his status as a civil servant with master servant relationship - 2 - remaining is not apparent. The writ application is dismissed. DKS/ (Ajay Kumar Tripathi, J.)