IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7755 of 2009 USHA DEVI, W/o Late Dinesh Chandra Sahani, resident of village-Narhen, P.S.-Bibhutipur, District-Samastipur. ……….Petitioner. . Versus 1. The State of Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna. 3. The District Magistrate, Samastipur. 4. The District Education Officer, Samastipur. 5. The Headmaster, Rajmani High School, Bhore, Shahpur, District- Samastipur. 6. Indrani Kumar Anupam @ Indu Devi, W/o Late Dinesh Chandar Sahani, resident of village-Narhen, P.S.-Bibhutipur, Samastipur, at present C/o Shri Yodunandan Prasad Singh, resident of village-Jamalpur, Gogari, Ward No. 14, P.S.-Gogari, District-Jamalpur. ……………...Respondents. ----------- 3/ 09.02.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of the respondent State. Petitioner has filed a supplementary affidavit in order to bring the judgment and decree passed by the Additional District Judge, Samastipur, in Divorce Case No.13 of 90. Petitioner is the legally wedded wife of late Dinesh Chandra Sahni, who died in harness on 17.01.2005, while posted as Assistant Teacher in Rajmani High School, Bhore, Shahpur. The husband of the petitioner was initially married with one Indrani Kumari Anupam @ Indu Devi. The relationship in between husband and wife was never cordial, finally, it became strained, as such, Divorce Suit No. 30 of 90 was filed under Section 13 of the Hindu Marriage Act, 1955, in the court of District Judge, Samastipur, for dissolution of marriage. The - 2 - judgment was passed in the divorce case, dissolving the marriage in between Dinesh Chandra Sahani and Indrani Kumari Anupam @ Indu Devi, vide order dated 04.08.1992. Thereafter, Dinesh Chandra Sahani filed an application before the District Education Officer, Samastipur on 05.01.1993 for granting him permission to solemnize the second marriage. Once, permission was granted, he solemnized his marriage with the petitioner, Usha Devi, in the year 1994. The petitioner has four daughters out of this wedlock. Her husband died on 17.01.2005, while still in service. She filed her application for compassionate appointment on 05.07.2007. On 12.01.2006 again, filed representation for considering her application for compassionate appointment but, till date, nothing has been done. She is facing acute financial hardship as there is no source of income to maintain her family. Counter affidavit has been filed on behalf of District Education Officer, Samastipur, respondent No. 4, in which the statement made by the petitioner is admitted. In pargraph 12, it has been stated that the petitioner has to maintain her minor daughters and for their maintenance, it is essential that she should be appointed on compassionate basis. It has also been stated that the application filed by the petitioner for compassionate appointment has duly been forwarded to the District Compassionate Committee, for making necessary recommendation. - 3 - This application is being allowed, directing the District Magistrate-cum-District Compassionate Committee, Samastipur, to make recommendation for petitioner’s compassionate appointment, preferably within four weeks from the date of production/communication of the order. The District Education Officer, Samastipur, is directed to issue appointment letter in favour of the petitioner, immediately after the recommendation of District Compassionate Committee, in any case, there should not be delay in issuance of the appointment letter. All transactions must be completed by the respondents within eight weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)